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2024 DIGILAW 219 (RAJ)

Kavita v. Motor Accident Claims Tribunal

2024-02-06

NUPUR BHATI

body2024
ORDER : (Nupur Bhati, J.) The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India with the following prayers:- "(a) by an appropriate writ, order or direction, the impugned order dated 08.05.2023 (Annexure-4) may kindly be quashed and set aside with all consequential directions. (b) that this Hon'ble Court may be pleased to issue a writ of mandamus or any other appropriate writ, order, or direction directing the respondent Tribunal to accept the application for premature withdrawal of the amount lying in the Fixed Deposit account in the bank and process it in accordance with the applicable laws. (c) That this Hon'ble Court may be pleased to declare the rejection of the application for premature withdrawal as illegal, arbitrary, and in violation of the fundamental rights guaranteed under the Constitution. (d) That this Hon'ble Court may be pleased to pass any other order or direction as deemed fit and necessary in the interest of justice. (e) That the respondent may be directed to pay the costs of the present petition." 2. The factual matrix of the case is that the petitioner prefers a claim petition on account of untimely death of Shri. Manish Maeda which came to be disposed of by the National Lok Adalat on 13.03.2022 with the direction of giving compensation of Rs. 12,00,000/- to the petitioners claimants by the respondent-Insurance company and the same was disbursed through NEFT before the respondent No.1-The Motor Accident Claims Tribunal, Banswara. The learned Tribunal vide order dated 03.06.2022 directed that the amount of Rs. 12,00,000/- would be disbursed to the petitioners/claimants by giving an amount of Rs. 3,00,000/- to be deposited in saving bank account of petitioner No.1/claimant No.1 Badia, further directions were given that the petitioner No.2/ claimant No.2 Santa would be given an amount of Rs. 4,00,000/- and the same would be deposited in her saving bank account and for claimant No.3 Smt. Kavita, an amount of Rs. 1,00,000/- was directed to be given and the same was directed to be deposited in her savings bank account and for claimant No.4-Vandana (minor) directions were given to create an F.D.R. of Rs. 4,00,000/- till she attains majority. Thus, a total amount of Rs. 8,00,000/- was deposited in the saving bank account of the claimants and FDR No.14218037 of Rs. 4,00,000/- was made in favour of the minor child of the deceased. 4,00,000/- till she attains majority. Thus, a total amount of Rs. 8,00,000/- was deposited in the saving bank account of the claimants and FDR No.14218037 of Rs. 4,00,000/- was made in favour of the minor child of the deceased. The petitioners/claimants preferred an application dated 12.03.2022 (Annexure-2) before the MACT, Banswara for releasing the amount of FDR No.14218037 having a maturity date as 04.01.2033 to be released prematurely on account of financial crunch and for construction of their house. The learned Tribunal vide order dated 08.05.2023 (Annexure-04) dismissed the application of the petitioner and thus, the petitioner being aggrieved of the same, has preferred the present writ petition. 3. Learned counsel for the petitioner submits that the petitioner has no other means of livelihood and is in dire need of money for construction of the house. Learned counsel for the petitioner further submits that in similar controversy, this Court in the case of Salim Khan v. The Oriental Insurance Co. Ltd. In SB Civil Writ Petition No.6611/2018 has allowed the writ petition vide order dated 22.05.2018. From perusal of the order dated 08.05.2023 (Annexure-4), it is seen that the learned Tribunal has disbursed the amount to the claimants in following ratio which is reproduced as under:- "(i) This Tribunal vide order dated 03.06.2022 directed that the amount of Rs. 12,00,000/- would be disbursed to the claimant No.1 Badiya by giving Rs. 3,00,000/- which was deposited in his saving bank account. (ii) Claimant No.2 Smt. Santa was given Rs. 4,00,000/- which was deposited in her saving bank account. (iii) Further claimant No.3 Smt. Kavita was given Rs. 1,00,000/- which was deposited in her saving bank account. (iv) Claimant No.4 was minor therefore an F.D. of Rs. 4,00,000/- was made till she attains the age of majority. Thus, a total of Rs. 8,00,000/- were deposited in the saving bank account of the claimants and F.D.R. of Rs. 4,00,000/- was made considering the future of the minor daughter of the deceased." 4. It is seen that the learned Tribunal has directed that an F.D.R. of Rs. 4,00,000/- is to be made considering the future of the minor daughter of the deceased. Since the petitioners are having no other means of livelihood and is in dire need of amount of compensation for sustaining themselves, the writ petition deserves to be accepted. 5. In view of the above, the writ petition is allowed. 4,00,000/- is to be made considering the future of the minor daughter of the deceased. Since the petitioners are having no other means of livelihood and is in dire need of amount of compensation for sustaining themselves, the writ petition deserves to be accepted. 5. In view of the above, the writ petition is allowed. The impugned order dated 08.05.2023 (Annexure-4) passed by the Motor Accident Claim Tribunal, Banswara in Case No.144/2021 (Badiya & Ors. v. Arvind & Ors.) is quashed and set aside. The learned Tribunal shall release the fixed deposit receipt No.14218037 for a sum of Rs. 4,00,000/- lying with Punjab National Bank, Banswara in favour of the petitioner No.1 which is in the name of petitioner No.2-Ms. Vandana (minor) after ascertaining the identity of petitioner No.1 as well as petitioner No.2. The amount of F.D.R. shall be credited into the saving bank account of petitioner No.1-Smt. Kavita. 6. Stay petition and all pending applications, if any, stand disposed of.