Single judge of Punjab and Haryana High Court allowed petitioner's writ petition permitting withdrawal of her share of compensation, previously invested in fixed deposit by the Tribunal, to enable purchase of a plot and construction of a house.
Petitioner directed to release fixed deposit amount for purchase of plot and construction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CR No.3629 of 2011 (O & M)
::1::
IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CR No.3629 of 2011 (O & M) Date of decision: 30.05.2011
Smt. Kaushalya Devi
.. Petitioner
Versus
The Motor Accident Claims Tribunal and others
.. Respondents
CORAM: HON'BLE MRS. JUSTICE SABINA.
Present:- Mr.Sanjeev Patiyal, Advocate, for the petitioner.
SABINA, J.
The petitioner along with others had filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming compensation on account of death of Rajesh Kumar in the motor vehicle accident. The claim petition was allowed by the Motor Accident Claims Tribunal, Chandigarh and an award dated 08.12.2007 to the tune of Rs.12,51,960/- was passed in favour of the claimants. The share of the petitioner was determined by the Tribunal as Rs.4,51,960/-. The said amount was ordered to be invested in the Fixed Deposit for five years and the petitioner was given the liberty to withdraw the interest accrued on the said amount.
An application was moved by the petitioner before the Tribunal for permission to withdraw the amount of her share of compensation invested in the Fixed Deposit. Vide the impugned
::2::
CR No.3629 of 2011 (O & M)
order dated 14.05.2011, the said application was dismissed by the Tribunal. Hence, the present petition by the claimant-Kaushalya Devi.
Learned counsel for the petitioner has submitted that the petitioner required the amount invested in the Fixed Deposit to enable her to purchase a plot and construct a house thereon. The petitioner had already paid a sum of Rs.1,70,000/- out of the total price of the plot i.e. Rs.9,00,000/-. The remaining amount is to be paid by the petitioner on 06.06.2011.
Keeping in view the submissions made by the learned counsel for the petitioner, I am of the opinion that the instant petition deserves to be allowed.
The petitioner requires the amount invested in the
Fixed Deposit to enable her to purchase a plot so that she can construct a house thereon. So far as the shares of minor children of the petitioner are concerned, the same have been invested in Fixed Deposit and will be released to the minor claimants on their attaining the age of majority. At this stage, the petitioner requires the amount for purchase of a plot and, moreover, she has to bring up her minor children also.
Accordingly, this petition is allowed. The Manager, State Bank of Patiala, District Courts Branch, Sector-17, Chandigarh, is directed to release the amount invested in the Fixed Deposit (Annexure P-2) to the petitioner forthwith.
(SABINA) JUDGE
May 30, 2011 sukhpreet
2 issues framed by the court
Whether the petition for release of compensation invested in fixed deposit for specific need of purchasing land and construction should be granted.
Whether the requirement to purchase a plot and construct a house constitutes sufficient ground to draw down the invested compensation prematurely.
Smt. Kaushalya Devi
The Motor Accident Claims Tribunal and others
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
