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2011 DIGILAW 2087 (RAJ)

Jamna Kanwar v. The Judge, MACT (I), Jodhpur

2011-09-26

GOPAL KRISHAN VYAS

body2011
Hon'ble VYAS, J.—By way of filing this writ petition, the petitioner has prayed for quashing the order dated 19th August, 2011 passed by Motor Accident Claims Tribunal (I), Jodhpur for releasing Rs.1,00,000/- which is kept in FDR as per the award dated 23.8.2010 passed by Judge, Motor Accident Claims Tribunal (I), Jodhpur. 2. The contention of learned counsel for petitioner is that late Devi Singh, husband of the petitioner, died in an accident, thereafter a claim under Section 163-A of Motor Vehicles Act was filed by petitioner and other family members. The Motor Accident Claims Tribunal (I), Jodhpur passed an award in favour of the claimants vide award dated 23.8.2010 whereby a compensation of Rs.2,50,000/- was awarded in favour of the petitioner being wife of late Shri Devi Singh but unfortunately, the Judge, Motor Accident Claims Tribunal passed an order to keep the said amount of compensation in FDR for 20 years. The petitioner filed an application before the Tribunal that out of entire amount awarded in favour of the petitioner, Rs.1,00,000/-may be released to her in cash to meet her present financial problems but the application filed by the petitioner has been rejected vide order dated 19.8.2011 by the Tribunal while observing that there is no power left with the Tribunal to review its own order. 3. Learned counsel for the petitioner while inviting attention of this Court towards the judgment rendered by this Court in case of Santosh (Smt.) vs. MACT, Gangapur City and Ors. reported in 2008 RAR 414 (Raj.) and submits that in identical situation the coordinate Bench of this Court passed an order for releasing the amount which was kept in FDR in pursuance of the award passed by Motor Accident Claims Tribunal. 4. After hearing learned counsel for the petitioner and perusing the judgment passed in case of Santosh (Smt.) (Supra), I deem it appropriate to allow this writ petition. Consequently, this writ petition is allowed and respondent No.1 is directed to pass an order to the concerned Bank to release Rs.1,00,000/- in favour of the petitioner out of FDR of Rs.2,50,000/- within a period of three weeks from the date of receipt of certified copy of this order.