The High Court allowed the revision petition set aside impugned order directing release of balance compensation from fixed deposits to petitioner as adult claimant citing Supreme Court precedent distinguishing adult from minor claimants
Impugned order dated 14.11.2014 set aside; MACC directed to release remaining award amount from FDRs to petitioner
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 1043/2015
1
115
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
Date of decision:16.02.2015.
Smt.Munni
.............Petitioner
v.
Motor Accident Claims Tribunal,Gurgaon and another
.............Respondents
CORAM: HON'BLE MR.JUSTICE JASWANT SINGH
Present:Mr.Ashish Gupta,Advocate for the petitioner/claimant.
Jaswant Singh,J.(Oral)
Claimant-Munni, mother of deceased Rahul Singh is in revision aggrieved by the order dated 14.11.2014(P-1) passed by learned Motor Accident Claims Tribunal,Gurgaon, whereby her application for release of balance compensation lying deposited in FDR with State Bank of Patiala,Gurgaon, has been dismissed.
It is contended that the amount lying deposited in FDR is required by the petitioner for treatment of her husband. It is further contended that the claimant/petitioner is a major hence entitled to 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 v. Irfan Ahammed , 2002(3) RCR (Civil)563, wherein it has
RAJINDER PRASHAD JOSHI 2015.02.16 16:49 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
CR 1043/2015
2
115
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, impugned order dated 14.11.2014 (P-1) is set aside and the learned MACT, Gurgaon is directed to release the remaining awarded amount to the petitioner which is lying deposited in the shape of FDRs with State Bank of Patiala, Gurgaon. 16.02.2015 (Jaswant Singh) joshi Judge
RAJINDER PRASHAD JOSHI 2015.02.16 16:49 I attest to the accuracy and authenticity of this document High Court, Chandigarh.
2 issues framed by the court
Whether a fixed deposit award remain liable to an adult claimant can be ordered released to claimant
Whether maturity of daughters required for release of funds deposited with State bank of patiala gurgaon
Colour shows how this judgement treated each authority
H.S.Ahammed Hussain v. Irfan AhammedRelied on¶16
H.S.Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil)563
Munni
Motor Accident Claims Tribunal, Gurgaon
State Bank of Patiala, Gurgaon
Jaswant Singh, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
