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Rajasthan High Court · body

2008 DIGILAW 93 (RAJ)

Gattu Devi v. Addl. District & Sessions Judge (F. T. No. 4) (MACT Cases), Jodhpur

2008-01-14

SANGEET LODHA

body2008
JUDGMENT 1. - This writ petition is directed against order dated 5.10.2007 passed by the Additional District Judge (F.T.) No. 4, (Motor Accident Claims Tribunal), Jodhpur in M.A.C.T. Case No. 175/2004, whereby an application preferred by the petitioner-claimant for the release of the amount kept in fixed deposit in terms of award dated 13.4.2005, has been partly allowed and as against the prayer made by the petitioner for release of an amount of Rs. 1,60,000/-, an amount of Rs. 50,000/- has been released. 2. It is submitted on behalf of the petitioner that her son Pukhraj is suffering from disease jaundice and on that account his liver is not functioning properly. It is stated that the petitioner has already incurred an expenditure of sum of Rs. 90,0001- for his treatment. It is further stated that a sum of Rs. 19,400/- has been deposited by the petitioner for provisional admission of her daughter in B.Ed. Course and further a sum of Rs. 20,600/- has been deposited against the tuition fee. Besides, a sum of Rs. 20,000/- has been spent at the time of "Gauna of her daughter. It is further stated that her daughter is expecting, therefore, she requires a sum of Rs. 10,000/- to meet the expenditure of delivery. Thus, the amount of Rs. 50,000/- released by the learned Court below is not sufficient to satisfy the existing need of the petitioner. 3. It is true that while passing an order for disbursement of the award amount, the Tribunal has to keep in view the overall interest of the claimant and his family. But then, while dealing with the amount of compensation, the need and wishes of claimant are also required to be kept in view inasmuch as ultimately, the amount of compensation belongs to him. 4. On the facts and in the circumstances of the case, I am satisfied that an amount of Rs. 50,000/- ordered to be released from the Fixed Deposit, is not sufficient to satisfy the existing need of the petitioner. It is considered appropriate that instead of Rs. 50,000/-, an amount of Rs. 1,00,000/- is ordered to be released. 5. In the result, the writ petition is partly allowed. It is hereby ordered that an amount of Rs. 1,00,000/- out of the amount of Rs. It is considered appropriate that instead of Rs. 50,000/-, an amount of Rs. 1,00,000/- is ordered to be released. 5. In the result, the writ petition is partly allowed. It is hereby ordered that an amount of Rs. 1,00,000/- out of the amount of Rs. 2,25,000/- kept in Fixed Deposit in the name of the petitioner in terms of award dated 13.4.2005 may be released forthwith. The order dated 5.10.2007 passed by Additional District Judge (F.T.) No. 4 (M.A.C.T. Cases), Jodhpur shall stand modified accordingly.Writ petition partly allowed. *******