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2017 DIGILAW 761 (MP)

Sunderbai @ Shantabai v. Rasheed Ali

2017-06-21

RAJEEV KUMAR DUBEY

body2017
ORDER 1. This civil revision has been filed under section 115 of Civil Procedure Code against the order dated 13.4.2017 passed by 11th MACT, Ujjain in Claim Case No.42/2011, whereby learned Member rejected the applicant's application to release the amount of Rs.1,00,000 in cash which was kept by the Tribunal in Fixed Deposit in the name of the applicant in the Nationalized Bank. 2. Brief facts of the case are that applicant Sunderbai @ Shantabai w/o Shantilal, and parents of Shantilal (Hari Singh and Ramprasad Bai) filed a Claim Case No.42/2011 for getting compensation regarding death of Shantilal in a motor accident, which was decreed by the trial Court and passed award of Rs.4,50,000/- in favour of the applicant and parents of deceased Shantilal. From that amount learned trial Court awarded Rs.4,00,000/- to the applicant, Rs.20,000/- to Hari Singh and Rs.30,000/- to Ramprasad Bai. The Tribunal also ordered to deposit Rs.3,00,000/- in three fixed deposits (one lac each) from the amount of Four lacs rupees given to the applicant. The applicant filed an application before the learned trial Court averring that she required Rs.1,00,000/- for her treatment. So the amount of Rs.1,00,000/- be released. 3. The learned trial Court vide order dated 13.4.2017 rejected the application observing that she had not given any statement regarding Rs.1,50,000/-, which were earlier paid to her on 16.3.2016 in cash. Being aggrieved with the same applicant filed this civil revision. 4. This Court has gone through the record and arguments put forth by the learned counsel of the applicant. It appears from the record that applicant filed medical certificate in support of his application, wherein it is mentioned that applicant is suffering from uterus infection and needs operation which requires Rs.80,000/-. 5. So looking to the facts and circumstances of the case and the medical certificate, this revision is allowed and the order passed by the trial Court is set aside. The learned trial Court is directed to pay an amount Rs.80,000/- in cash to the applicant from the amount deposited in FD in the name of applicant in Claim Case No.42/2011. The applicant is also directed to submit the papers regarding treatment and expenditure incurred by her on her treatment before the trial Court within three months from the payment of the said amount. 6. The revision petition is disposed of accordingly.