PRAJAPATI RAJENDRAKUMAR SHANTILAL Vs. PANCHAL DINESHKUMAR KANTILAL

JUDGEMENT

(1.) Mr. Shivam Thakkar, learned advocate for the petitioner submitted that the claimant had suffered grievous fracture proximal tibia on the left side and he was operated with internal fixation and plates on 13/12/2018. Mr. Thakkar stated that the claimant is mason and RCC centing work and because of the accident, he now is not in a position to sit cross leg or in a squatting position and because of the accident, he could not earn for about one and a half years. During that period, there was a marriage in the family of the sister's daughter and as a necessary custom, all the maternal uncles have to perform Mameru and since the applicant's father being deceased, the responsibility was on the claimants to contribute in the Mameru function and as he was not having any money on hand, he had made a prayer before the Tribunal to grant premature withdrawal of the FDR. Mr. Thakkar stated that necessary copies of the marriage invitation card with details of the parties of the maternal side of the bride were placed on record. Mr. Thakkar stated that the learned Tribunal should have considered this aspect and should have granted at least part of the amount to allow the applicant to meet with the expenses.

(2.) An amount of Rs.2,34,993.00 placed in FDR no. 0276799 is reflected in the order of the Tribunal. A copy of the invitation card and the details of Mameru function is placed. Considering this fact, an amount of Rs.1,00,000.00 (Rupees one lac only) be granted to the claimants from the FDR so deposited.

(3.) In the result, the impugned order dtd. 10/11/2022 passed in MACMA No.481/22 is partly modified. The petition stands disposed of accordingly.