LAWS(MPH)-2013-1-266

JALDEVI Vs. ASHOK KUMAR

Decided On January 23, 2013
Jaldevi Appellant
V/S
ASHOK KUMAR Respondents

JUDGEMENT

(1.) THIS petition under Article 227 of the Constitution of India assails the final order dated 13.01.2012 passed in Claim Case No.320/2009, whereby the Tribunal has rejected the prayer of the petitioner of encashment of the FDR created pursuant to the award passed by the Claims Tribunal dated 07.10.2010 for incurring expenses of marriage of the petitioner's daughter.

(2.) THE petitioner is a widow of deceased Virendra Singh, who died in a motor vehicle accident leading to passing of the award dated 24.09.2010, whereby an amount of compensation of rupees one lac was directed to be locked in a fixed deposit out of the total compensation amount of Rs.3,10,000/ -.

(3.) THE Tribunal while passing the impugned order has assigned the sole reason of not having mentioned the name of petitioner's daughter as one of the legal heir of deceased Virendra Singh, in the abovesaid Motor Vehicle Case in which compensation was awarded and, therefore the claim for premature encashment of the FDR based upon the reasoning of the marriage of the daughter has been rejected.