PREMVATI JHAKHAR Vs. DHARMENDRA LOHAR

JUDGEMENT

(1.) The present writ petition has been filed by the petitioner being aggrieved by the order dated 03.02.2020 passed by the Judge, Motor Accident Claims Tribunal No.2, Udaipur ('the Tribunal') whereby, the prayer for premature release of Fixed Deposit Receipts (FDRs) amounting to Rs. 15,00,000/-, has been rejected.

(2.) The learned Tribunal vide award dated 19.03.2019 allowed the claim petitioner and awarded a total sum of Rs. 53,28,792/- out of which a sum of Rs. 15 lacs was awarded in favour of petitioner. However, the amount was ordered to be kept in three different FDRs namely FDR No. 748753710001984, FDR No. 7487537100001985 and FDR No. 7487537100001986 in the sum of Rs.5,00,000/- each for a period of 3 years, 5 years and 7 years respectively.

(3.) An application was filed by the petitioner before the Tribunal seeking premature release of the FDRS amounting to Rs. 15,00,000/- for the purpose of marriage of her daughter and repair of house. The learned Tribunal by his impugned order observed that as an amount of Rs. 11,64,486/- has already paid in cash to the petitioner, the application is liable to be rejected.