Allowed

Ogar Ram v. Govind Kumar

Rajasthan HC6 Jul 2021CW/2401/2020

Case brief

AI extract

What is this about?

In this writ petition, the Court allowed the petition seeking premature release of a Fixed Deposit Receipt (FDR) worth Rs. 2,00,000 awarded as motor accident compensation to the petitioner, citing the urgent domestic need and ongoing Covid-19 pandemic situation as grounds for immediate release.

What did the court decide?

Premature release of the Fixed Deposit Receipt (FDR) of Rs. 2,00,000 in favour of the petitioner and credit to the petitioner's saving account.

Ogar Ram Vs Govind Kumar — Execution and Attachment | Rajasthan HC (2021)

¶1

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

¶2

S.B. Civil Writ Petition No. 2401/2020

¶3

Ogar Ram S/o Sh. Kaluram Ji, Aged About 63 Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.).

¶4

Wagaram S/o Ogar Ram, Aged About 20 Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.).

¶5

Kundan S/o Ogar Ram, Aged About 18 Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.).

¶6

Raju S/o Ogar Ram, Aged About 16 Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.). (Appellant Number 4 Is Minor Through His Natural Father Who Is Also Appellant Number1, Ogar Ram S/o Sh. Kaluram Ji, Aged About 63 Years, B/c Meena, R/o Utvaan Pali And District Pali (Raj.).

¶7

----Petitioners

¶8

Versus

¶9

Govind Kumar S/o Mohanlal, Aged About 26 Years, B/c Bhaat, R/o Utvaan, Tehsil And District Pali (Raj.).

¶10

Mangilal S/o Ghewarram, Aged About 50 Years, B/c Bawari, R/o Utvaan, Tehsil And District Pali (Raj.).

¶11

United India Insurance Company Limited, Through Branch Office, Near L.i.c. Building, Mandiya Road, Pali, District (Raj.).

¶12

Motor Accident Claim Tribunal, Pali.

¶13

----Respondents

¶14

For Petitioner(s) : Mr Gajendra Panwar

¶15

HON'BLE MR. JUSTICE VIJAY BISHNOI

¶16

Judgment / Order

¶17

06/07/2021

¶18

This writ petition has been filed by the petitioner being aggrieved with the order dated 18.12.2019 passed by Motor

¶19

(2 of 3)

¶20

[CW-2401/2020]

¶21

Accident Claims Tribunal, Pali (for short ‘the Tribunal’ hereinafter), whereby the application of the petitioner for premature release of FDR amount, which was directed to be deposited by the Tribunal in the claim petition No.147/2016 vide judgment dated 22.10.2018, has been rejected.

¶22

Brief facts of the case are that the petitioner filed a claim application before the Tribunal seeking compensation with regard to the death of his son, who died in an accident. The Tribunal while directing the Insurance Company had awarded a sum of Rs.6,60,000/- as compensation in favour of the petitioner, out of the said compensation, an amount of Rs.3,60,000/- was directed to be deposited in Saving Account of the petitioner and Rs.1,00,000/- and Rs.2,00,000/- were directed to be deposited in two FDRs for a period of two years and three years respectively.

¶23

Learned counsel for the petitioner has submitted that the amount of Rs.1,00,000/- deposited in FDR was matured and the same was withdrawn by the petitioner. It is further submitted that now the petitioner is in urgent domestic need of money, therefore, it is prayed that the second FDR of Rs.2,00,000/-, which is going to be matured on 13.12.2021 may kindly be ordered to be released prematurely in favour of the petitioner.

¶24

Having regard to the facts and circumstances of the case and the averments made in the writ petition and looking to the ongoing pandemic situation due to Covid-19, this Court deems it appropriate to direct for premature release of FDR of Rs.2,00,000/- in favour of the petitioner.

¶25

Hence, this writ petition is allowed. The order dated 18.12.2019 passed by the Tribunal is set aside. The Tribunal is directed to release the FDR of Rs.2,00,000/- in favour of the

¶26

(3 of 3)

¶27

[CW-2401/2020]

¶28

petitioner forthwith. The amount so released shall be credited into the saving account of the petitioner.

¶29

(VIJAY BISHNOI),J

¶30

55-masif/-PS

Ogar Ram v. Govind Kumar

Case brief

What is this about?

What did the court decide?

Ogar Ram v. Govind Kumar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Abdul Rahim Vs Mohammad Harun

Vinod Kumar Vs State

Deva Ram Vs State of Rajasthan

Ramniwas Vs State of Rajasthan

Chena Ram Vs State of Rajasthan

Indrachand Vs Thana Ram