H.S. Mohammed vs Isubu and The New India Assurance Co. Ltd.

A.S. Bopanna, J.—Considering that the matter is only with regard to disbursement of the amount before the Court below, notice to the respondents is unnecessary. Hence, the petition itself is taken up for disposal. The petitioner is before this Court assailing the order dated 17.08.2013 passed by the MACT, D.K. Mangalore on the I.A. filed in MVC No. 247/2009. The petitioner is further seeking for consideration of the said application and release of the amount of Rs. 50,000/- which is kept in Fixed Deposit in Dena Bank, Kankanady Branch, Mangalore.

The undisputed facts are that the petitioner was the claimant in MVC No. 247/2009. The Court below, by its judgment and award dated 02.03.2012 had awarded the compensation and directed deposit of a sum of Rs. 50,000/-. The petitioner has made the application dated 16.02.2013 seeking release of the fixed deposit amount. While indicating reasons for such request, the petitioner has stated that the marriage of his daughter was fixed on 28.03.2013 and therefore the said amount was required for the expenses. The Court below while rejecting the application has taken note of the situation that as on the date when the application was being taken up for consideration, the marriage had already been celebrated and the application had not been pressed earlier.

In my opinion, such conclusion of the Court below would not be justified. In fact the application had been filed on 16.02.2013 prior to the date of the wedding which was scheduled on 28.03.2013. If for any reason, the said application was not taken up for consideration till 17.08.2013 when the Court below passed the orders, it cannot be inferred that the expenses had not been incurred by the petitioner. If the petitioner has managed to perform the wedding by making other alternate arrangement, certainly, the payments in that regard would have to be made by the petitioner. Therefore, the reason assigned cannot be brushed aside. In that view, the order dated 17.08.2013 is set aside. The application filed by the petitioner is allowed. A direction is issued to the MACT, D.K. Mangalore, to pass appropriate orders for release of the amount of Rs. 50,000/- (Rupees fifty thousand only) in favour of petitioner. The release order shall be furnished to the petitioner as expeditiously as possible, but not later than four weeks from the date on which the copy of this order is made available to the MACT.

The petition stands disposed of accordingly.