SHARDA DEVI Vs. SACHIN PRATAP SINGH AND OTHERS

JUDGEMENT

(1.) Vide the present petition, the Petitioner has impugned the order dated 19.08.2017 passed by the Motor Accidents Claim Tribunal, Rohini Courts, Delhi (hereinafter referred to as the "MACT") in MAC No. 4658/17 rejecting her application for pre-mature release of the amount lying in FDRs in her name in accordance with the MACT's Award dated 09.09.2016.

(2.) The brief facts as emerge from the record are that after her husband had met with a fatal accident on 11.04.2014, the petitioner filed MAC No. 110/2015, which matter was settled by the Lok-Adalat on 13.08.2016. Subsequently, the MACT vide its award dated 09.09.2016, decreed the settlement for a total sum of Rs. 13, 00, 000/- which included an interim award of Rs. 50, 000/-, as per which the Petitioner agreed to settle the case for a sum of Rs. 12, 50, 000/- after adjudicating the aforesaid interim award already released to her. Thus, the MACT directed the Insurance Company to pay a sum of Rs. 7, 50, 000/- to the Petitioner at the time of passing of the award, whereas the remaining amount of Rs. 5, 00, 000/- was directed to kept in the form of FDRs for a period of two.

(3.) It has been averred in the petition that the Petitioner, in order to purchase a residential property in her name, entered into a 'Bayana' Agreement dated 23.06.2017 for a sum of Rs. 7, 00, 000/-. It transpires that the Petitioner had already paid Rs. 50, 000 at the time of entering into the Agreement and had to pay the balance amount of Rs. 6, 50, 000/- on or before 15.10.2017. As the Petitioner was unable to raise sufficient funds, even after fully utilising her savings, she moved an application in MAC No. 110/2015 before the MACT seeking pre-mature release of the sum of Rs. 5, 00, 000/- lying in FDR in her name, which is to mature on 16.09.2018.