Smt. Mukesh Devi vs Motor Accident Claims Tribunal, Narnaul and Another

Jaswant Singh, J.—Claimant/petitioner, widow of deceased Pawan Kumar, is in revision against the order dated 21.12.2013 passed by the learned Motor Accident Claims Tribunal, Narnaul whereby her application for releasing remaining 50% of the compensation awarded to her and lying deposited in Allahabad Bank, Narnaul in the shape of an FDR, has been dismissed.

It is averred that the amount kept in the FDR is required by the applicant to meet day to day expenses, repayment of loan amount and construction of the house.

It is contended by the learned counsel for the petitioner that the claimant/petitioner is major and hence entitled to the release of the awarded amount.

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 and Another Vs. Irfan Ahammed and Another, , 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 present revision petition is allowed, the impugned order dated 21.12.2013 is set aside and the learned MACT, Narnaul is directed to release the remaining awarded amount to the petitioner which is lying deposited in the shape of FDR with Allahabad Bank, Narnaul.

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