High Court allowed partial release of compensation Money awarded for death deposit from FDR to Shanti Devi for use at her own risk.
Rs. 50000/- released from Rs. 1 lac deposited in FDR to be used at own risk and responsibility.
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C.R. No. 5654 of 2009 [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
C.R. No. 5654 of 2009 Date of Decision: October 12, 2009
Shanti Devi
…..Petitioner
Vs.
Sanjay Kumar etc.
…..Respondents
CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI.
-.-
Present:Mr. D.S. Nain, Advocate for the petitioner.
-.-
M.M.S. BEDI, J. (ORAL)
A sum of Rs.1.60 lacs was awarded as compensation to the petitioner on account of the death of her son. A sum of Rs.60000/- was released to the petitioner for her up-keep as well as for the maintenance of her house vide order dated December 4, 2008 passed by the Motor Accident Claims Tribunal, Kaithal. Another application for release of sum of Rs.1 lac was dismissed vide impugned order dated April 1, 2009.
C.R. No. 5654 of 2009 [2]
Counsel for the petitioner submits that the petitioner wants the money for purchasing a buffalo and for construction of toilet and bathroom in her house.
The impugned order seems to have been passed for the benefit of the petitioner to safeguard her future requirements in life but the petitioner is adamant for the release of the compensation without caring for future and there is no material available with this Court to determine the bonafide of the petitioner which seems to be known to the petitioner only.
Without expression of any opinion regarding her requirement, it is ordered that a sum of Rs.50000/- out of a sum of Rs.1 lac deposited in her FDR be released to her in accordance with the bank procedure at her own risk and responsibility.
Disposed of.
October 12, 2009 (M.M.S.BEDI) sanjay JUDGE
1 issue framed by the court
Whether compensation lump sum deposited in Fixed Deposit can be released for petitioner's personal needs.
Shanti Devi
Sanjay Kumar etc.
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
