Amit Kumar vs Rakesh Kumar and Others

Jaswant Singh, J.—Claimant/Petitioner Amit Kumar has filed the present revision petition under Article 227 of the Constitution assailing the order dated 12.2.2011 (P3) passed by learned Motor Accident Claims Tribunal, Karnal whereby his application for release of an amount of Rs. 1,15,000/-, out of the compensation awarded to him, was dismissed.

It is borne out from the record that Petitioner met with a road side accident regarding which he filed a claim petition. The said claim petition was decided by the Lok Adalat on 26.8.2010 and a sum of Rs. 2,15,000/- was granted as compensation to him. Out of the said amount Rs. 1,00,000/- was paid in cash to the Petitioner whereas the balance amount of Rs. 1,15,000/- was ordered to be deposited in a nationalised bank in the shape of FDR.

It is submitted by the learned Counsel that the Petitioner is major and due to said accident he has been rendered unemployed. Now with the amount lying deposited in FDR he wants to run his own business in order to earn livelihood. The fact that the Petitioner is a major is borne out from Certificate (P5) wherein his date of birth is mentioned as 8.3.1989.

After hearing the learned Counsel for the claimant/Petitioner I am of the opinion that the prayer made is liable to be accepted in view of the law laid down by Hon''ble the Supreme Court in H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil)563, wherein it has been opined that the amount payable to an adult cannot be directed to be kept in fixed deposit.

Keeping in view the enunciation of law as referred to above, the impugned order dated 12.2.2011 (P3)passed by learned Motor Accident Claims Tribunal, Karnal is set aside and it is directed that the sum of Rs. 1,15,000/- alongwith interest accrued thereon be released in favour of the claimant/Petitioner to enable him to run his own business in order to earn livelihood.

This order is being passed without issuing notice to Respondents as no relief has been sought against them.

Disposed of.