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SCA/13054/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13054 of 2010
=========================================================
MAYURBHAI
MAHESHBHAI PATEL - Petitioner(s)
Versus
UNION
BANK OF INDIA - Respondent(s)
=========================================================
Appearance
:
MR
SANJAY D SUTHAR for
Petitioner(s) : 1,
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/10/2010
ORAL
ORDER
Heard
learned advocate Mr.S.D.Suthar appearing on behalf of petitioner. In
this matter, application has been made by petitioner to Motor
Accident Claims Tribunal, Sabarkantha at Himmmatnagar with a prayer
to permit withdrawal of amount, which has been deposited by Motor
Accident Claims Tribunal at relevant time. Now petitioner has
attained majority and having age of more than 22 years. Therefore,
considering this evidence, produced on record, Motor Accident Claims
Tribunal permitted withdrawal of 30% of amount and rest of 70% of
amount was ordered to be invested by way of FDR in any nationalised
bank nearest to residence of petitioner in his name for a period of
five years.
Today,
learned advocate Mr.Suthar submitted before this Court that
petitioner is likely to arrange for marriage and petitioner also
requires money for repairing or constructing house, for that he
requested to grant withdrawal of total amount by petitioner.
It
is necessary to note that, at time of preferring an application
before Motor Accident Claims Tribunal by petitioner on 03.08.2010,
these facts were not put on notice of Court that petitioner requires
money for marriage purpose and also for repairing or constructing of
house, therefore, let petitioner may again file afresh application
before Motor Accident Claims Tribunal giving aforesaid facts and
details to Motor Accident Claims Tribunal that he requires total
amount for marriage purpose as well as for repairing or constructing
house by producing relevant records before Motor Accident Claims
Tribunal.
Petitioner
may file such an application before Motor Accident Claims Tribunal
within a period of 2(Two) weeks from the date of receiving a copy of
this order. As and when such an application is received by Motor
Accident Claims Tribunal from petitioner, it is directed to Motor
Accident Claims Tribunal, Sabarkantha at Himmatnagar to consider
reasons for withdrawal of entire amount and also to consider one
fact that Manharbhai Somabhai Patel has died in accident, at that
occasion, mother of present petitioner Manjulaben has filed a claim
petition before Motor Accident Claims Tribunal being Motor Accident
Claim Petition No.136 of 1987 and Motor Accident Claims Tribunal has
awarded Rs.1,02,000/- and out of that Rs.76,500/- was ordered to be
paid to Manjulaben and Rs.16,500/- was disbursed in favour of
Manjulaben and remaining Rs.60,000/- was deposited in FDR.
Thereafter, Manjulaben has also died on 02.12.1989. Father of
petitioner, Maheshbhai Shivabhai Patel is alive and after death of
Majulaben FDR has been transferred in name of minor i.e. present
petitioner and father of petitioner was taken as Guardian under
Section 7 of Guardian and Wards Act. Therefore, amount remained in
FDR in name of petitioner, who has now become major and he is having
age more than 22 years. Therefore, let Motor Accident Claims
Tribunal may consider this aspect while considering such an
application filed by petitioner to the effect that except
petitioner, there is no other person, who is entitled for this
amount. After considering this aspect, it is directed to Motor
Accident Claims Tribunal to pass an appropriate order, within 2(Two)
months from the date of receiving a copy of such an application and
to communicate decision immediately to petitioner.
In
view of aforesaid observations and directions, present petition is
disposed of, without expressing any opinion on merits.
Direct
service is permitted.
[H.K.RATHOD,
J.]
..mitesh..
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