Mubina and Others Vs Nagendra Yadav and Others

T h e present revision petition has b e en preferred by the petitioners u n der Article 227 of t he Constitution of India seekin g setting aside of the impugned o rder dated 27.05.20 2 5 (Annexure P-1) passed by t he learned Motor Accident Cl a ims Tribunal, Nuh (hereinafter referred to as the Tribunal) whereby applicatio n for releasing the a m ount of Rs.7,17,360/- (i.e. Rs.1, 5 3,720/- each to petitioner Nos.1 and 11) and Rs.1,0 2 ,480/- each to petitioners No.2 t o 5) lying in the shape of FDR w ith Central Bank o f India, Branch Nuh, has been dis m issed. 2. Learned counsel for the petitioners submits that the petitioners had f iled a claim petiti o n under Section 166 of the M otor Vehicles Act, 1988 see k ing compensation o n account of death of Tahir, wh o died in a roadside accident and vide award dated 1 3.08.2024, the learned Tribu n al had awarded compensatio n of Rs.10,45,000/- a long with interest @7.5% per a nnum from the date of instituti o n of the claim petiti o n till realization. Out of the a w arded compensation, petitioner N o.1 and 11 i.e. wi d ow and mother of the decease d respectively were held entitled to receive 20% sh a re each and the remaining 80% s hare was given to petitioners No.2 to 10 (children) i n equal shares. The said amo u nt is lying deposited in FDRs. The

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PANKAJ KUMAR 2025.08.12 17:42 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

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CR-3651-2025 -2-

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petitioners had moved an application for wi t hdrawal of the said amount l y ing deposited in F D Rs, as being in dire need of mo n ey required for solemnizing mar r iage of petitioners n amely Farjana, Tabassum, Jilsa n a, fixed for 25.06.2025 and S o yab, fixed for 23.06 . 2025 and for welfare of minor c hildren, which stood dismissed vide the impugned o r der dated 27.05.2025. Hence, th e revision petition.

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H e ard.

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A perusal of the case file reveals that marriages of petitioners na m ely Farjana, Tabas s um, Jilsana fixed for 25.06.20 2 5 and Soyab, fixed for 23.06.2026, have already b e en solemnized. The instant pe t ition was filed before this Cou r t on 20.06.2025 an d came up for hearing on 01. 0 7.2025 i.e. after solemnizatio n of marriages of ab o vesaid petitioners. On 01.07.2025, the case was adjourned for t o day. Though the pu r pose for which premature relea s e of FDRs was sought, has alr e ady been ceased to e xist, still, this Court is of the opi n ion that some expenditure must h ave been incurred o n the marriages of aforesaid petitioners. 5. In view of the aforesaid facts an d circumstances, the instant pet i tion stands dispose d of, with liberty to move an ap p lication before the learned Tribunal afresh seeking p remature release of FDRs, acco m panied with cogent material, gi v ing specific details about the expenditure incurred o n marriages and the amount, if any, still required t o be released, which shall be d ecided by the learned Tribuna l , in accordance wit h law, after taking into considerat i on the material so placed before i t.

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	(A	MARINDER SINGH GREWA JUDGE L)
August 07, 202 5
Pankaj*
	Whether speaking/reasoned	: Yes/No
	Whether reportable	: Yes/No

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PANKAJ KUMAR 2025.08.12 17:42 I attest to the accuracy and authenticity of this document Punjab and Haryana High Court Chandigarh

Mubina and Others v. Nagendra Yadav and Others

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Mubina and Others v. Nagendra Yadav and Others

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