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2017 DIGILAW 96 (CHH)

Mehatrin Bai W/o Late Ramswarup Nirmalkar v. Sanju Beldar S/o Bharat Beldar

2017-02-22

MANINDRA MOHAN SHRIVASTAVA

body2017
ORDER : Manindra Mohan Shrivastava, J. Heard. This petition has been filed by the petitioners aggrieved by the impugned order dated 16.2.2017 by which, the petitioners' application for part release of the compensation amount has been rejected. 2. Learned counsel for the petitioners submits that upon death of husband of petitioner No.1 in a motor accident, a claim application was filed before the Motor Accidents Claims Tribunal, which awarded total compensation of Rs.6,55,000/- with interest @ 9% per annum. Out of total amount of compensation, Rs.2,50,000/- payable to the widow-petitioner No.1 under the award, was directed to be deposited in fixed deposit for a period of seven years and the Tribunal had awarded Rs.75,000/- to each of the daughters/petitioners No. 2 to 5, which was also directed to be deposited in a fixed deposit for a period of seven years. Rs.1,05,000/- has already been released in favour of the petitioner No.1. It is submitted that now the petitioner No1 requires money for solemnization of marriage of her eldest daughter Ku. Maheshwari/petitioner No.2 which is to be solemnized on 25.2.2017. It is also submitted that for carrying out bore-well in the agricultural field also, some amount is needed, therefore, the application was moved for release of Rs.2,50,000/-deposited in fixed deposited in the name of petitioner No.1. It is also submitted that the compensation was awarded to ensure that unfortunate window and daughters of deceased may not suffer vagrancy and they are properly compensated to fulfil their future need as the sole earning member of the family died in a motor accident. Therefore, at this stage, looking to the requirement, which was not doubted by the learned Court below, some amount ought to be paid to petitioner No.1. 3. It is found that the petitioner/widow of the deceased is praying for release of a part of the amount on the ground that her eldest daughter Ku. Maheshwari/ petitioner No.2 is going to be married on 25.2.2017 and some amount is also needed for incurring expenditure towards boring of well in the agricultural field. Therefore, in these circumstances, I am inclined to direct that out of Rs.2,50,000/- deposited in the fixed deposit in the name of petitioner No.1- widow, Rs.1,00,000/- be allowed to be withdrawn by her to meet out various needs. 4. The petition is accordingly partly allowed.