ANUJ DANGA Vs. RAMPRAKASH SHARMA

JUDGEMENT

(1.) Petitioner/claimant has approached this Court with a grievance that the Tribunal has committed patent illegality while refusing to release the amount of compensation to the tune of Rs.2,84,582.00 kept in Fixed Deposits consequent upon award of compensation dated 8/12/2015 passed by the Claims Tribunal in Claim Case No. 44/2012 in relation to accident occurred on 19/8/2011, wherein petitioner has suffered leg injury and the Award for a sum of Rs.4,48,700.00 was passed.

(2.) Learned counsel contends that earlier Rs.2,50,000.00 were released to meet the medical expenses. Thereafter, petitioner had filed an application for release of the amount to run his business and had submitted the relevant documents. The Tribunal has rejected the prayer for the reason that the estimate submitted by the petitioner did not bear TIN number. It is submitted that estimates do not bear TIN number. Even otherwise, the Authority could not have questioned the document as the petitioner had sought release of the amount awarded to him for his own business, he being a qualified diploma holder.

(3.) Considering all these facts, in the opinion of this Court, the Tribunal has not considered the application of the petitioner in right earnest. The amount of Award is part of compensation awarded to the petitioner and the same has remained unchallenged by the Insurance (Anuj Danga Vs. Ramprakash Sharma and others) Company. To meet the medical expenses, earlier a sum of Rs.2,50,000.00 has already been released. If the petitioner intended to earn his livelihood by doing a business, there was no reason or justification to deny him his right to utilize the amount of compensation kept in fixed deposits. Consequently, the writ petition is allowed. Petitioner is directed to apply afresh before the Tribunal for release of the amount in connection with his business venture. The Tribunal shall consider the same and pass necessary orders.