LAWS(P&H)-2013-9-400

BABY Vs. MOTOR ACCIDENT CLAIM TRIBUNAL

Decided On September 05, 2013
BABY Appellant
V/S
MOTOR ACCIDENT CLAIM TRIBUNAL Respondents

JUDGEMENT

(1.) INSTANT revision petition has been filed under Article 227 of the Constitution of India for setting aside the impugned order dated 21.01.2013 (Annexure P/1) passed by learned Motor Accident Claims Tribunal, Karnal (hereinafter referred to as the "Tribunal"), whereby application moved by the petitioner for release of awarded amount deposited in FDR No. 1601672 dated 29.03.2012 of Rs. 1,21,912/ - in Oriental Bank of Commerce, Mini Secretariat, Karnal, has been partly allowed. Shorn of unnecessary details, the facts relevant for disposal of the present petition are to the effect that vide award dated 5.10.2011, the petitioner along with others was awarded compensation in a sum of Rs. 6,21,912/ - along with interest @ 7.5% per annum from the date of filing of the petition till its realization. Vide the said award, a cheque of Rs. 1,35,965/ - was issued in favour of the petitioner on 26.03.2012 out of which a sum of Rs. 1,21,912/ - was ordered to be deposited in FDR in her name for a period of three years and the remaining amount was ordered to be paid in cash to the petitioner. The petitioner moved an application for release of FDR amount. Instead of releasing the entire amount, the Tribunal has allowed withdrawal of Rs. 20,000/ - out of the amount deposited in the said FDR. Feeling aggrieved by the said order, the petitioner has filed the instant revision petition.

(2.) I have heard learned counsel for the petitioner and perused the record.

(3.) I have considered the contentions raised by the learned counsel for the petitioner.