BIPINCHANDRA BABULAL THAKKAR Vs. GOVINDBHAI M PRAJAPATI

JUDGEMENT

(1.) Mr. Tirth Nayak, learned advocate for the petitioner submits that the petitioner, aged about 62 years, is before this Court challenging the order dtd. 27/6/2022 passed by the learned Motor Accident Claims Tribunal (Aux), City Civil Court, Ahmedabad in MACMA no.202 of 2022 in connection with MACP no.460 of 2010. Mr. Tirth Nayak submits that the application was for premature withdrawal of FDR no.290603 deposited in the Central Bank of India, Mithakhali Branch, Ahmedabad as per the directions given in the judgment and award passed on 8/8/2018 in MACP no.460 of 2010. Mr. Tirth Nayak submitted that the application came to be rejected, whereby the Tribunal declined to appreciate the ground for premature withdrawal as having received P.R. of USA and has inclination to shift to America.

(2.) Mr. Tirth Nayak submitted that the petitioner's daughter is at America and because of his age, he proposes to stay along with her and since he has received P.R. of USA, he already got his tickets booked for September 12, 2022. Mr. Nayak further submitted that the petitioner is a senior citizen and because of his advancing age, he would be in need of money for his own medical purpose and further the money would be helpful as that would give him the freedom of expending for his own purpose.

(3.) Mr. Tirth Nayak placed reliance on the judgment in the case of A.V. Padma & Ors. Vs. R. Venugopal & Ors., reported in (2012) 3 SCC 378 to contend that the Tribunal is required to give a thoughtful consideration to the genuine requirements of the claimant and should avoid mechanical approach ignoring the object and spirit of the Act. A.V. Padma's case (supra) refers to the guidelines issued in the case of General Manager, Kerala State Road Transport Corporation, Trivandrum Vs. Susamma Thomas & Ors., reported in (1994) 2 SCC 176. In Susamma Thomas's case (supra), while approving the judgment of the Gujarat High Court in the case of Muljibhai Ajarambhai Harijan Vs. United India Insurance Co. Ltd., reported in 1982 (1) GLR 756, the Apex Court has offered the following guidelines:-