BHONRI DEVI Vs. PRESIDING OFFICER

JUDGEMENT

(1.) BY the instant petition the petitioner has challenged the order dated 17.5.2005, passed by Motor Accident Claims Tribunal (Additional District Judge) (Fast -Track No. 6), Jaipur City, Jaipur, whereby the application filed by the petitioner for premature release of the F.D.R. No. 983143 amounting to Rs. 1,85,000 for payment of purchase of agricultural land has been rejected.

(2.) BRIEFLY stated the facts of the case are that in Claim Application filed by the petitioner and her son Lai Chand, an Award of Rs. 6,54,268 was passed, out of which three different F.D.Rs. were made and one of the F.D.R. was of a sum of Rs. 1,85,000 in the name of the petitioner. With a view to earn some livelihood, the petitioner entered into an agreement for purchase of agricultural land and a copy of the said agreement was filed with the application along with an affidavit.

(3.) THE submission of the Counsel for the petitioner is that with a view to earn livelihood, the said agricultural land was purchased, therefore, the petitioner was justified in filing the application for pre -maiure release of the said F.D.R. A copy of the agreement along with the affidavit was placed on the record of M.A.C.T., Jaipur. Under such circumstances, the rejection of the application is not justified.