Allowed

Smt. Nati Bai W/O Ramkishan v. Icici Lombard General Insurance Company Limited

Rajasthan HC1 Jul 2019CW/3191/2019

Case brief

AI extract

What is this about?

High Court at Jaipur allowed a writ petition where a petitioner, injured in a road accident, sought to withdraw RS.1,00,000 from fixed deposits held as family court compensation. The court set aside an order denying withdrawal and permitted 50% withdrawal for agricultural purposes.

What did the court decide?

Impugned order dated 27th November, 2018 set aside; petition allowed to withdraw 50% of the fixed deposit amounts.

Smt. Nati Bai W/O Ramkishan Vs Icici… — Civil Procedure and Limitation | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 3191/2019

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Smt. Nati Bai W/o Ramkishan, Aged About 62 Years, B/c Meena, R/o Kapren Tehsil K. Patan, Distt. Bundi (Rajasthan)

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----Petitioner

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Versus

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Icici Lombard General Insurance Company Limited, Jenitha House, Keshavrao Kade Marg, Mahalaxmi, Mumbai (Insurer).

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Kanhaiya Lal S/o Ramkishan, B/c Jangid, R/o Railway Station, Kapren, Tehsil K. Patan, Distt. Bundi. (Driver And Owner)

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Rajendra Kumar Suwalka S/o Rameshwar Lal Suwalka, R/o Mataji Road, Kunhari, Kota. (Insured)

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----Respondents

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For Petitioner(s)	:	Mr. Ram	Singh Rathore
For Respondent(s)	:	Mr.,

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HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA

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Order

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01/07/2019

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Aggrieved of the order dated 27^th November, 2018, the petitioner has approached this Court for an application for release of money out of Fixed Deposits to the tune of Rs.50,000/- (Rupees Fifty Thousand) for three years and another Rs.50,000/- (Rupees Fifty Thousand) for five years, has been declined.

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Counsel for the petitioner submits that the amount aforesaid was deposited in the Fixed Deposits in view of the award dated 23rd February, 2018, made by the Family Court and Motor Accident Claims Tribunal, Bundi (Rajasthan), in lieu

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(2 of 2) [CW-3190/2019]

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of compensation on account of injury suffered by the petitioner in a road accident on 30^th April, 2009.

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It is further pointed out that the petitioner, who sustained injuries in the accident, has sufferred almost a decade and the amount which has been awarded as compensation, has been put in Fixed Deposits and she is not able to utilise the same for agricultural operations.

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Upon hearing the learned counsel for the petitioner and keeping in view the fact that the petitioner needs finance for agricultural purposes; I am inclined to grant the application.

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Accordingly, impugned order dated 27^th November, 2018, is interfered with and is hereby set aside.

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The petitioner would be entitled to withdraw 50% of the amount of the FDRs involved herein.

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Writ application succeeds and is hereby allowed, in terms as aforesaid.

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(VEERENDR SINGH SIRADHANA),J

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Pcg/29

Smt. Nati Bai W/O Ramkishan v. Icici Lombard General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

Smt. Nati Bai W/O Ramkishan v. Icici Lombard General Insurance Company Limited

Case brief

What is this about?

What did the court decide?

What the court decided

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