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Rajasthan High Court · body

2019 DIGILAW 2890 (RAJ)

Kanaram Jat v. Reliance General Insurance Company Limited

2019-11-21

ASHOK KUMAR GAUR

body2019
JUDGMENT : Ashok Kumar Gaur, J. 1. The instant writ petition has been filed by the petitioner-claimant challenging the order dated 27.5.2019 whereby application of the petitioner for premature release of the amount lying in FDR in his name has been dismissed. 2. Learned counsel submitted that the petitioner had filed a claim petition and after entering into compromise in the Lok Adalat, the Court had passed an order awarding a sum of Rs. 6,60,000/- vide order dated 12.1.2019. 3. Learned counsel submitted that while disbursing the amount of compensation, amount of Rs. 2,60,000/- was kept in FDR for a term of 5 years and rest of the amount i.e. Rs. 4 lakh was deposited in the savings bank account of the petitioner. 4. Learned counsel submitted that the petitioner had to move an application for premature withdrawal of the amount lying in FDR on account of construction of the petitioner's house, and as such, the petitioner had genuine reason to seek permission of the Court below for releasing the amount. 5. Learned counsel submitted that the petitioner is major in age and he is fully aware to utilize his money, and as such, the Court below has wrongly rejected the application for premature release of FDR. Learned counsel also submitted that the amount, awarded by way of compensation, can be kept in FDR in favour of children and widow, however, if a person is major, it is not required that the amount of compensation may be kept in FDR, as the person has to take decision himself as in what manner he wants to utilize his money. 6. Learned counsel Mr. Santosh Kumar Soni, appearing for the respondent No. 1, did not seriously object to the prayer made in the writ petition. 7. This Court finds that if the petitioner has settled his dispute by entering into the compromise in Lok Adalat and the petitioner is major, the amount lying in FDR can be released in his favour and he can have choice to utilize his money in his own way. 8. This Court also finds that the Coordinate Bench of this Court in SBCWP No. 15642/2018 titled Jilsad Alias Dilsad vs. Shaukat & Others decided on 4.9.2018, has also considered the issue with regard to release of premature FDR in respect of those persons, who have attained majority and who are literate. 8. This Court also finds that the Coordinate Bench of this Court in SBCWP No. 15642/2018 titled Jilsad Alias Dilsad vs. Shaukat & Others decided on 4.9.2018, has also considered the issue with regard to release of premature FDR in respect of those persons, who have attained majority and who are literate. This Court has laid down that if the compensation is awarded in Lok Adalat, widow and children in case of dependant of a deceased person, can be asked to have some money in FD, however, the same yardstick cannot be applied in respect of claim of a claimant, who is major and entered into compromise. 9. Accordingly, the impugned order dated 27.5.2019 is set-aside and the Court below is directed to pass appropriate order for releasing the FDR of Rs. 2,60,000/- along with interest in favour of the petitioner, which is said to be lying in the Rajasthan Mardudhara Gramin Bank, Branch Amber. Accordingly, the writ petition stands allowed.