Raj Kumar vs National Insurance Company Ltd. and Others

M.M. Kumar, J.—This petition is directed against the order dated 9.12.2004 passed by the Motor Accident Claims Tribunal, Karnal partially declining the prayer made by the petitioner for release of the total amount of Rs. 67,600/- deposited in the FDR with the Oriental Bank of Commerce, Maharana Pratap Chowk, Karnal. The oasis of denying the relief of releasing the whole amount given by the learned Tribunal is that the expenses of the children would be adequately met by releasing the amount of Rs. 17,600/-. When the case came up for consideration before this Court on 24.1.2005, the hearing was adjourned to enable the counsel to produce the petitioner before this Court for the purpose of recording satisfaction that the whole amount demanded by the petitioner is likely to be used for the rightful purpose.

In pursuance to the afore-mentioned order, the petitioner Raj Kumar is present in the Court. He has been subjected to various questions and has stated that he has two children aged about 20 and 22 years, who are students of Dayal Singh, College. He has stated that the whole amount of the FDR would be required for the education of the children.

After giving my thoughtful consideration to the facts of the present case, I am satisfied that the release of the whole amount would be required so that the education of the children can be looked after by the petitioner. The partial release of the amount of Rs. 17,600/- may not be sufficient as some money has also been demanded for running the household. Therefore, the order dated 9.12.2004 is modified by directing the release of the whole amount to the petitioner. Let the whole amount of F.D.R. No. 024575 deposited in Oriental Bank of Commerce, M.P. Chowk, Karnal be released to him by including the interest upto date. The afore-mentioned bank shall also be bound by the directions. Petition stands disposed of.