Nathi Devi vs Rajeev Kumar And Ors

The instant writ petition has been filed by the petitioner- claimant for seeking modification of the order dated 7 th January, 2020, passed by the Motor

Accident Claims Tribunal, Shahpura, District Jaipur in Claim Petition No.20/2014, NCV No.20/2014 titled as Smt. Nathi Devi Vs. Rajeev & Ors.

The petitioner further seeks a prayer to get the entire amount of FDR, lying in the name of the petitioner, as per the award dated 12th December,

2018.

Learned counsel submitted that the petitioner is a widow lady and has minor children.

Learned counsel submitted that the petitioner, in order to meet the expenses incurred by her for constructing a new house, also needed money and as

such, the application was filed before the Court below for release of amount, lying in the FDR.

Learned counsel submitted that in the award, Rs.30,94,000/- was granted in favour of the petitioner and other claimants and interest @ 9% per annum,

from the date of filing of claim petition, was also allowed.

Learned counsel submitted that out of the award amount, two FDRs of Rs.7,00,000/- each was to be maintained in a nationalised bank for a term of

10 and 15 years.

Learned counsel submitted that against the amount of interest, the respondent-Insurance Company deposited the amount of Rs.12,52,409/- and the

same was also kept in FDR for a period of five years.

Learned counsel submitted that the Court below, while passing the order dated 7th January, 2020, has only granted Rs.5,00,000/- in total, in favour of

the petitioner for construction of house and certain conditions have also been attached while releasing of Rs.1,00,000/- as first installment at the first

instance and after ensuring the expenses to be incurred in construction, the petitioner was to be given second installment and complete schedule was

laid down.

Learned counsel submitted that the petitioner, in bona fide manner, for maintaining herself and her children, had brought into notice of the Court below

that money, which is kept in FDR, may be released in her favour.

This Court asked learned counsel Mr.Rishipal Agrawal to accepts notice on behalf of the respondent-Insurance Company.

Learned counsel Mr.Rishipal Agrawal submitted that as far as liability of the insurance company is concerned, the same has been satisfied by them. It

is for this Court to consider whether the petitioner is entitled for release of amount kept in FDR after considering the entire facts of the case.

This Court finds that the petitioner is a widow lady and has also minor children to look after.

This Court further finds that the petitioner needs to have 'pucca' house and as such, she will require money for the same.

This Court finds that two FDRs of Rs.7,00,000/- each, have already been kept for the future requirement of the petitioner.

This Court finds that the amount of interest, as per the award, is total Rs.12,52,409/- and has been kept in FDR for the period of five years and the

same will mature on 28th June, 2024.

This Court finds that at least, the petitioner should be given amount of interest, which has been kept in FDR and as such, the petitioner would be able

to fulfill the requirement of expenses for education of her children and for construction of house.

Accordingly, the order dated 7th January, 2020 is modified and the application of the petitioner is allowed by permitting her to withdraw the amount of

Rs.12,52,409/-, which is kept in FDR and lying with the Oriental Bank of Commerce. The said amount will be released within a period of three weeks

after receipt of copy of this order.

With the aforesaid, the present writ petition stands allowed.