IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
C.R. NO.854 OF 2009
DATE OF ORDER: 16.2.2009
Anil Nibber
....Petitioner(s)
Versus
Jai Singh and others
....Respondent(s)
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH
Present: Mr. Suneet Sharma, Advocate for the petitioner.
JASWANT SINGH, J. (ORAL)
Petitioner suffered injuries in a motor vehicular accident on
9.7.2003 while going to Delhi in his Santro Car. He filed a claim petition
for grant of compensation under Section 166 of the Motor Vehicles Act,
1988, which was allowed by the learned MACT, Chandigarh vide orders
dated 11.9.2007 (Annexure P.1). Petitioner-claimant was awarded a sum of
Rs.4,00,470/- along with interest @ 7.5 % per annum from the date of filing
the claim petition i.e 25.3.2004 till the actual realization of the amount of
compensation on account of 30% permanent disability suffered and medical
expenses. Learned MACT directed to deposit a sum of Rs.3,00,000/- for a
period of three years in an FDR in a Nationalized Bank while releasing the
remaining amount.
It is apparent from the record that the petitioner, subsequently,
made an application for release of the remaining amount of Rs.3,00,000/- as
the same was needed for further treatment of his right eye, which has
suffered almost 100 % disability. The matter was placed before the Lok
Adalat, which vide impugned orders dated 17.11.2008, has directed the
release of one and half lacs from the deposited compensation in the
C.R. NO.854 OF 2009 #2#
aforesaid FDR. Hence, the present revision petition claiming the release of
the entire amount of compensation.
Learned counsel for the petitioner-claimant contends that the
petitioner is a major and is in urgent need of the remaining amount of
compensation, therefore, in view of law laid down by Hon’ble Supreme
Court in H.S. Hussain v. Irfan Ahammed, 2002 (3) RCR (Civil) 563 and a
judgment of this Court reported as Indra Devi v. Dharam Singh and Ors,
2006(4) RCR (Civil) 762, he is entitled to be disbursed the entire amount of
compensation.
After considering the facts of this case and the law cited above,
which lays down that no restriction can be placed on the rights of the adult
claimants to claim money lying in FDR, this revision petition is allowed and
it is directed that the entire amount of compensation lying deposited in the
FDR along with interest shall be released to the petitioner-claimant against
proper receipt and identification, within one week from presentation of the
copy of this order.
Allowed with the aforesaid directions.
February 16, 2009 ( JASWANT SINGH ) manoj JUDGE