V.K. Shukla, J. - (1.) Award was passed in favour of the petitioner making award a sum of Rs. 3,46,800/- with interest at the rate of 10% per annum from the date of filing of petition till the payment was made. A sum of Rs. One lakh has been paid immediately thereafter and remaining amount has directed by the Motor Accident Claims Tribunal to be invested. The petitioner has moved an application for releasing of premature F.D.R. amount on 19th May, 2005. Said application has been rejected by means of order dated 7th December, 2005. Against which present writ petition has been filed.
(2.) Counsel for the petitioner has contended with vehemence that petitioner had been earlier discharging duties as Master Warrant Officer in Indian Air Force and since then period of more then three years have passed from the date of passing of the award and he is in dire need of amount for his treatment, as such amount in question ought to have released in his favour and order which has been passed is unjustifiable order.
(3.) This Court in the case of Yogendra Singh v. Motor Accident Claim Tribunal, reported in 2005 (2) T.A.C. 312 , has taken the view that though the claimant did not challenge the said conditions imposed in the said award however, as the claimant is major and in a position to understand his interest as such there cannot be any restraint for release of the amount in question.;