LAWS(ALL)-1997-9-265

ANURUDHA Vs. SPECIAL JUDGE, M.A.C.T.

Decided On September 19, 1997
Anurudha Appellant
V/S
Special Judge, M.A.C.T. Respondents

JUDGEMENT

(1.) THERE appears to be no reason as to why the widow and major son Anurudha of the deceased Ram Bhajan in spite or clear orders of the Tribunal were not paid the amount of compensation which has been kept in fixed deposit. It was submitted by the learned standing counsel that there exists a plausible reason for keeping the amount in a fixed deposit by the Court because it would earn considerable interest. But often it happens that the persons whose money is kept into the fixed deposit account are unable to meet their requirements and intend to withdraw the amount. In the similar situation the widow of the deceased as well as his major son Anurudha applied for the release of the amount but the request was refused. In view of the aforesaid situation, I am of the view that the claimants (sic) the widow of the deceased as well as his major son Anurudha are entitled to the release to the extent of half of their shares and the remaining half of their shares shall be allowed to remain in the fixed deposit account. As far as the deposit in favour of Malhoo is concerned he is minor and hence his share should remain in the fixed deposit account.

(2.) WITH the aforesaid observation this writ petition is allowed.