AJABBAI Vs. RADHABAI

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 03.01.2012 by which the Motor Accident Claims Tribunal has partly accepted the petitioner's prayer for release of the amount kept in the Fixed Deposit.

(2.) BY the award dated 20.08.2008 the Motor Accident Claims Tribunal has awarded a sum of Rs. 8,30,000/- to the legal representatives of the deceased Hari Singh. The petitioner and her husband were awarded 10-10 per cent of the awarded amount out of which 15,000/- - 15,000/- were paid to the petitioner and her husband and rest of the amount was kept in the Fixed Deposit. The petitioner then made a prayer before the Tribunal stating that her husband Ram Singh has died on 22.12.2011, therefore, a sum of Rs. 50,000/- is required and a prayer was made for liquidating the deposited amount to that extent. The said prayer was rejected by the Tribunal.

(3.) CONSIDERING the aforesaid aspect of the matter, it is found that a case for releasing a sum of Rs. 50,000/- in favour of the petitioner is made out and the Tribunal has committed an error in releasing Rs. 15,000/- only. Therefore, the present revision petition is allowed and it is directed that a further sum of Rs. 35,000/- which has been kept in the Fixed Deposit in the name of the petitioner be released to the petitioner. Petition allowed