AMIT KUMAR Vs. RAKESH KUMAR AND ORS.

JUDGEMENT

(1.) CLAIMANT /Petitioner Amit Kumar has filed the present revision petition under Article 227 of the Constitution assailing the order dated 12.2.2011 (P3) passed by learned Motor Accident Claims Tribunal, Karnal whereby his application for release of an amount of Rs. 1,15,000/ -, out of the compensation awarded to him, was dismissed.

(2.) IT is borne out from the record that Petitioner met with a road side accident regarding which he filed a claim petition. The said claim petition was decided by the Lok Adalat on 26.8.2010 and a sum of Rs. 2,15,000/ - was granted as compensation to him. Out of the said amount Rs. 1,00,000/ - was paid in cash to the Petitioner whereas the balance amount of Rs. 1,15,000/ - was ordered to be deposited in a nationalised bank in the shape of FDR.

(3.) AFTER hearing the learned Counsel for the claimant/Petitioner I am of the opinion that the prayer made is liable to be accepted in view of the law laid down by Hon'ble the Supreme Court in H.S. Ahammed Hussain v. Irfan Ahammed,, 2002(3) RCR (Civil)563, wherein it has been opined that the amount payable to an adult cannot be directed to be kept in fixed deposit.