JILSAD ALIAS DILSAD Vs. SHAUKAT AND OTHER

JUDGEMENT

(1.) Reportable By way of this writ petition, the petitioner has prayed for premature release of amount of compensation lying in fixed deposit account and challenged the order dated 07/06/2018 passed by the learned Motor Accident Claims Tribunal and Additional District Judge No. 1, Deeg, District Bharatpur in M.A.C. No. 117/2016 by which application moved by the petitioner for premature release of the amount of compensation lying in fixed deposit account has been rejected.

(2.) Learned counsel for the petitioner has relied on the judgment of the Apex Court rendered in the case of A.V. Padma and Ors. v. R. Venugopal and Ors.: MACD 2012 (SC) 25 wherein the Apex Court has held as under:-

(3.) Case of the petitioner is that the petitioner is in dire need of money and therefore, he had entered into a compromise in National Lok Adalat to accept a lower sum of Rs. 4,75,000/- in M.A.C. No. 117/2016. However, the learned Tribunal has deposited the entire amount of compensation in fixed deposit account while the petitioner Jilsad alias Dilsad, who is 9 years old child of Haqmuddin, is undergoing regular treatment for which money is required. He has to undergo heavy expenditures for operations but the amount has been released.