KAVITA Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL

JUDGEMENT

(1.) The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India with the following prayers:-

(2.) The factual matrix of the case is that the petitioner prefers a claim petition on account of untimely death of Shri. Manish Maeda which came to be disposed of by the National Lok Adalat on 13/3/2022 with the direction of giving compensation of Rs.12,00,000.00 to the petitioners claimants by the respondent-Insurance company and the same was disbursed through NEFT before the respondent No.1-The Motor Accident Claims Tribunal, Banswara. The learned Tribunal vide order dtd. 3/6/2022 directed that the amount of Rs.12,00,000.00 would be disbursed to the petitioners/claimants by giving an amount of Rs.3,00,000.00 to be deposited in saving bank account of petitioner No.1/claimant No.1 Badia, further directions were given that the petitioner No.2/ claimant No.2 Santa would be given an amount of Rs.4,00,000.00 and the same would be deposited in her saving bank account and for claimant No.3 Smt. Kavita, an amount of Rs.1,00,000.00 was directed to be given and the same was directed to be deposited in her savings bank account and for claimant No.4-Vandana (minor) directions were given to create an F.D.R. of Rs.4,00,000.00 till she attains majority. Thus, a total amount of Rs.8,00,000.00 was deposited in the saving bank account of the claimants and FDR No.14218037 of Rs.4,00,000.00 was made in favour of the minor child of the deceased. The petitioners/claimants preferred an application dtd. 12/3/2022 (Annexure-2) before the MACT, Banswara for releasing the amount of FDR No.14218037 having a maturity date as 4/1/2033 to be released prematurely on account of financial crunch and for construction of their house. The learned Tribunal vide order dtd. 8/5/2023 (Annexure-04) dismissed the application of the petitioner and thus, the petitioner being aggrieved of the same, has preferred the present writ petition.

(3.) Learned counsel for the petitioner submits that the petitioner has no other means of livelihood and is in dire need of money for construction of the house. Learned counsel for the petitioner further submits that in similar controversy, this Court in the case of Salim Khan v. The Oriental Insurance Co. Ltd. In SB Civil Writ Petition No.6611/2018 has allowed the writ petition vide order dtd. 22/5/2018. From perusal of the order dtd. 8/5/2023 (Annexure-4), it is seen that the learned Tribunal has disbursed the amount to the claimants in following ratio which is reproduced as under:-