SAYYARA Vs. LAXMAN

JUDGEMENT

(1.) By way of this petition filed under Article 227 of the Constitution of India, petitioner assails the order dtd. 30/8/2024 (Annexure P5) passed by ld. MACT, Sonipat, declining the application of the petitioner for pre-mature release of the amount of an FDR lying in the name of her minor son [referred as 'Anus' in award Annexure P1; as 'Ansh' in FDR Annexure P2; and as 'Anas' in the receipt Annexure P3].

(2.) Arif died in a motor vehicular accident. Claim petition filed under Sec. 166 of the Motor Vehicles Act, 1988 by his Legal Representatives, was allowed on 5/8/2022 by Ld. MACT Sonipat vide award Annexure P1. Compensation of Rs.22,19,000.00 along with interest was awarded. 1/4th of the said amount was directed to be paid to minor son Anus. Consequent to the directions of MACT, an amount of Rs.6,78,988.00 was converted in an FDR dtd. 7/3/2023 Annexure P2 issued by the Canara Bank in the name of minor Anus, the date of maturity of which is 7/3/2033.

(3.) Sayyara-petitioner, the mother of minor Anus, moved an application Annexure P4 before MACT, Sonipat for withdrawal of the aforesaid FDR by submitting that she was in urgent need of money, inasmuch as she had entered into an agreement to sell a plot in the name of said Anus and had no other source of money except the amount of the FDR and as such, the amount was necessary to purchase the plot. It was pleaded that worth of the plot shall be increased in a fast way and as such the same shall be in the benefit and welfare of the minor. It was also pleaded that applicant needed money for better education and maintenance of the children and so, the amount of the FDR be directed to be released. Applicant relied upon Smt. Mindro and others v. Krishan Kumar and others (CR-7451-2016 decided by Coordinate Bench of this Court on 14/3/2017). However, said application moved by the petitioner was dismissed by the Tribunal vide impugned order dtd. 30/8/2024.