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Rajasthan High Court · body

2008 DIGILAW 2360 (RAJ)

Govind Singh v. Judge, Motor Accident Claims Tribunal, Deedwana

2008-10-17

PRAKASH TATIA

body2008
JUDGMENT 1. - Heard learned counsel for the appellant on application under Section 5 of the Limitation Act. 2. In view of the reasons mentioned in the application under Section 5 of the Limitation Act, the delay of 126 days of filing the appeal is condoned. 3. The application is accordingly allowed. 4. This appeal is only for limited relief as the appellant who suffered serious injuries in the accident has been awarded compensation of Rs.4,93,546/- in Accident Claim Case No.9/2002 by the Motor Accident Claims Tribunal, Deedwana but ordered to put Rs.4,15,000/- in fixed deposit. The all amount of Rs.4,15,000/- which was directed to put in fixed deposit of Rs.50,000/- each will become payable every year to the claimant by virtue of the period of the fixed deposit. The award was passed on 25.8.2005, therefore, the appellant by this time must have encashed three fixed deposits amounting to Rs.1,50,000/- and he must have got interest thereon. The appellant by this appeal prayed that his fourth fixed deposit may be released because the amount of Rs.2 lacs is needed for his treatment and he has no penny for his treatment. 5. The tribunal in the interest of the appellant passed specific award with condition so that appellant may get Rs.50,000/- every year with interest. Since the appellant's contention is that he is in dire need for his treatment, therefore, this Court is of the opinion that amount of two fixed deposits which yet are not matured for release in view of the award dated 25.8.2005 may be allowed to be withdrawn by the appellant and that may give to the appellant amounting to Rs.1 lac along with interest thereon, which may be sufficient for the treatment and for other purposes. 6. Therefore, the appeal of the appellant is allowed and the appellant shall be entitled to encash the two fixed deposits forthwith. 7. For any further order in future, the appellant need not to approach this Court and he may approach the Motor Accident Claims Tribunal, Deedwana itself for any relief for release of fixed deposit. On appellant's moving application, the Motor Accident Claims Tribunal shall pass appropriate order after taking all the relevant facts in consideration in the interest of the appellant. 8. The appeal of the appellant is allowed with above observations. The record of the appeal be sent to the tribunal forthwith.Appeal Allowed. *******