Allowed

Sabra Khatoon v. Branch Manager, Punjab National Bank

Chhattisgarh HC15 Apr 2024WP227/180/2024

Case brief

AI extract

What is this about?

The High Court allowed the applicant's petition to withdraw Rs. 1,50,000 from her fixed deposit of Rs. 3,77,098, which comprised part of a Motor Accident Claims compensation. The funds were awarded from the deceased's estate, and the withdrawal was permitted to extend her business.

What did the court decide?

Permission granted to withdraw Rs. 1,50,000 from fixed deposit; balance of R. 2,27,098/ to remain in fixed deposit.

Sabra Khatoon Vs Branch Manager, Punjab National… — Motor Accident Claims | Chhattisgarh HC (2024)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR

¶4

WP(227) No. 180 of 2024

¶5

Sabra Khatoon W/o Late Moh. Aalam Nawaz Aged About 35 Years Profession - Runs Cosmetic Shop And House Wife, R/o Village - Peer, P.S. And Tehsil - Sitapur, District Sarguja (C.G.),...(Applicant)

¶6

---- Petitioner

¶7

Versus

¶8

Branch Manager, Punjab National Bank Branch - Braham Road, Ambikapur, P.S. And Tehsil - Ambikapur, District Surguja (C.G.)

¶9

---- Respondent

¶10

---------------------------------------------------------------------------------------------For Petitioners : Mr. Abhinav Dubey, Advocate For Respondent : Mr. Shivang Dubey, Advocate

¶11

Hon'ble Shri Justice Naresh Kumar Chandravanshi

¶12

Order On Board

¶13

16.4.2024.

¶14

Heard.

¶15

The petitioner has preferred this petition against the Order dated 21.12.2023 passed by the learned 1^st Additional Motor Accident Claims Tribunal, Ambikapur, Distt. Surguja (CG), whereby application filed by the petitioner seeking permission for premature partial withdrawal of Rs.1,50,000/- from her fixed deposit of claim amount of Rs.3,77,098/- awarded by the learned Claims Tribunal in MACT No.64/2017, has been rejected.

¶16

Facts of the case, in brief, are that on account of accidental death of Moh. Aalam Nawaz, compensation to the tune of Rs.14,72,000/- has been granted to the claimants, who are wife, mother and father of the deceased vide Order dated 06.3.2021 passed in MACT No.64/2017. Out of the aforesaid compensation award, an amount of Rs.3,77,098/- has been ordered to be

¶17

¶18

deposited in fixed deposit in the account of present petitioner for 10 years in a nationalized bank. Present petitioner, who is one of the claimant/wife of the deceased in the aforesaid case, has filed an application for premature partial withdrawal of Rs.1,50,000/- from the fixed amount, on account of doing business for her livelihood. However, the learned First Additional Motor Accidents Tribunal, Ambikapur, Surguja vide order dated 21.12.2023 rejected the application of the petitioner, against which, present petition has been filed.

¶19

Learned counsel for the petitioner would submit the petitioner is widow of deceased Mohd. Aalam Nawaz, who died in the motor vehicle accident on 08.3.2018. The petitioner runs a cosmetic shop for maintaining her family along with her two children. Since she wants to extent her shop for better livelihood, she filed an application for premature partial withdrawal of Rs.1,50,000/- from fixed deposit of Rs.3,77,098/-, but the same has been rejected by the learned First Additional Motor Accidents Tribunal, Ambikapur, Surgua. He would further submit that since the petitioner has no other source of income, the aforesaid amount may be permitted to be withdrawn from her fixed deposit so that she may extent her business.

¶20

Having considered the facts of the case and the reasons shown by the petitioner for premature partial withdrawal of Rs.1,50,000/- from the amount fixed in the bank, I feel inclined to allow the instant petition. Hence, it is directed that out of

¶21

¶22

Rs.3,77,098/- which is deposited in the account of petitioner Sabra Khatoon in Punjab National Bank, Bramh Road Ambikapur, an amount of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) is permitted to withdraw by the petitioner to extent her business and the remaining amount shall be kept in fixed deposit in her name as per the terms of the award of learned Claims Tribunal.

¶23

6 . The learned First Additional Motor Accidents Tribunal, Ambikapur, Distt. Surguja is directed to issue appropriate memo to the concerned Bank in compliance of this order.

¶24

Accordingly, the petition is disposed of. A copy of this order be sent to the First Additional Motor Accidents Tribunal, Ambikapur, Distt. Surguja forthwith.

¶25

Sd/-

¶26

(Naresh Kumar Chandravanshi)

¶27

JUDGE

¶28

Bini

Sabra Khatoon v. Branch Manager, Punjab National Bank

Case brief

What is this about?

What did the court decide?

Sabra Khatoon v. Branch Manager, Punjab National Bank

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Xyz Vs State of Chhattisgarh

Jatin Agrawal Vs State of Chhattisgarh

Avinash Kumar Sahu Vs Udaya Sahkari Grih Nirman Sanstha Maryadit

Vedurvada Santosh Achari Vs State of Chhattisgarh

Chandan Kumar Patel Vs State of Chhattisgarh

Karan Banjare Vs State of Chhattisgarh