ZAHIR MOHAMMAD Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This civil revision has been filed under Section 115 of Civil Procedure Code against the order dated 13.4.2017 passed by 11th MACT, Ujjain in Claim Case No.42/2011, whereby learned Member rejected the applicant's application to release the amount of Rs. 1,00,000 in cash which was kept by the Tribunal in Fixed Deposit in the name of the applicant in the Nationalized Bank

(2.) Brief facts of the case are that applicant Sunderbai @ Shantabai W/o Shantilal, and parents of Shantilal (Hari Singh and Ramprasad Bai) filed a Claim Case No.42/2011 for getting compensation regarding death of Shantilal in a motor accident, which was decreed by the trial court and passed award of Rs. 4,50,000/- in favour of the applicant and parents of deceased Shantilal. From that amount learned trial Court awarded Rs. 4,00,000/- to the applicant, Rs. 20,000/- to Hari Singh and Rs. 30,000/- to Ramprasad Bai. The Tribunal also ordered to deposit Rs. 3,00,000/- in three fixed deposits (one lakh each) from the amount of four lakh rupees given to the applicant. The applicant filed an application before the learned trial Court averring that she required Rs. 1,00,000/- for her treatment. So the amount of Rs. 1,00,000/- be released.

(3.) The learned trial Court vide order dated 14.2017 rejected the application observing that she had not given any statement regarding Rs. 1,50,000/- which were earlier paid to her on 16.2016 in cash. Being aggrieved with the same applicant filed this civil revision.