SMT. ASINI Vs. RAJENDER SINGH AND OTHERS

JUDGEMENT

(1.) SMT .Asini -mother of the deceased Javed, who had died in a motor vehicular accident, has filed the present revision petition under Article 227 of the Constitution against the order dated 19.5.2011 (P2) whereby the learned Motor Accident Claims Tribunal, Palwal (for short the Tribunal) has ordered to release only 50% of the amount of compensation lying deposited in the FDR in the name of the petitioner/claimant.

(2.) IT is stated that after the death of Javed in a motor vehicular accident, petitioner -mother of the deceased alongwith other claimants had filed a petition under 166 of the Motor Vehicles Act for the grant of compensation. The learned Tribunal vide order dated 24.7.2010 had awarded a total sum of Rs.4,37,000/ -as compensation and out of which Rs.2 lacs were awarded to the petitioner. It was ordered that 50% of the amount awarded to the petitioner be released to her and the remaining 50% was directed to be deposited in Fixed Deposit Receipt.

(3.) LEARNED counsel for the petitioner submits that the petitioner -applicant being an adult and also having shown the requirement for release of entire amount, the learned Tribunal has committed illegality in rejecting the prayer of the petitioner for release of entire amount 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.