KAILASHI DEVI Vs. NEW INDIA ASSURANCE LTD.

JUDGEMENT

(1.) THIS petition filed under Article 227 of the Constitution with a prayer for liquidating FDR No. 4348714 lying in favour of the petitioner at Union Bank of India, Karnal. The aforementioned amount deposited in FDR was in pursuance to the award dated 21.1.2003 in which the petitioner was awarded an amount of about Rs. 70,000/-. The aforementioned amount was ordered to be deposited in the FDR. Thereafter, an application was filed and the Motor Accident Claims Tribunal granted permission to release an amount of Rs. 15,000/- out of the FDR vide order dated 9.8.2003. Feeling aggrieved from the aforementioned order, the petitioner has approached this Court by submitting that she is in dire need of financial help as she is to repay her debts and needs money for her treatment. It is claimed that she is ill and remained bed ridden for long and finances are urgently required.

(2.) MR . Ajit Atri, learned counsel has placed reliance on a judgment of the Supreme Court in the case of H.S. Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR(Civil) 563, wherein it is held that in case of adults, the amount should not be kept in fixed deposit and should be released to them. Accordingly, this petition is allowed and a direction is issued to the Motor Accident Claims Tribunal, Karnal, directing release of the FDR to the petitioner within a period of two weeks from the date of receipt of copy of this order. Copy of the order be given dasti on payment of usual charges. Petition allowed.