High Court Rajasthan High Court - Jodhpur

Devi Lal & Anr vs M. A. C. T. Chittorgarh on 2 March, 2009

Rajasthan High Court – Jodhpur
Devi Lal & Anr vs M. A. C. T. Chittorgarh on 2 March, 2009
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     IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                       AT JODHPUR

                        O R D E R

S.B. CIVIL WRIT PETITION NO.1427/2009
(Devilal & Ors. Vs. State & Ors.)

Date of order : 02.03.2009

P R E S E N T

HON’BLE MR. JUSTICE GOPAL KRISHAN VYAS

Mr. Manish Pitaliya for the petitioners.

Heard learned counsel for the petitioners.

Admittedly, the applicant-petitioner No.1 is

having three other children and Motor Accident Claims

Tribunal awarded compensation due to death of his son.

An amount of Rs.50,000/- will be paid after maturity

of fixed deposit on 02.11.2009 and Rs.50,000/- will be

paid in the next year. The reasons mentioned in the

application for early release of money is totally

unfounded and untenable for the purpose of granting

any relief to the petitioners because the petitioner

is having other children who can maintain the

petitioners.

Learned counsel for the petitioners has cited

the judgments reported in 2008(2) ACTC 942 and 2008

RAR 414 (Raj.). The facts of those cases is entirely

different from the facts of the present case.

Accordingly, the writ petition is dismissed.

(GOPAL KRISHAN VYAS), J.

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