V.K.Shukla, J. - (1.) Petitioner's wife late Gayatri Devi met with an accident and died on the spot. Petitioner filed Motor Accident Claim Petition No. 75 of 2000 Santosh Kumar v. National Insurance Company and others before Motor Accident Claims Tribunal. Said Claim petition was allowed and a sum of Rs. 1,32,000/- (One lacs thirty two thousand) was awarded by way of compensation with interest at the rate of 6% per-annum from the date of filing of the petition till the payment was made. Petitioner moved an application for releasing of amount. Order was passed directing therein that out of total deposited amount of Rs. 1,00,575/-, 10% of the said amount be paid in cash and remaining 90% of the total amount be deposited in Fixed Deposit in Nationalised Bank for 15 years. Petitioner again moved an application before Special Judge Mathura for releasing the said deposited amount and on 09.04.2007 Special Judge passed an order modifying the award that 50% of the deposited amount be paid by way of cash and remaining 50% of the amount be deposited in the concerned Bank for 15 years. Petitioner submits that pursuant to said order Fixed Deposit has been made on 10.04.2008. Petitioner again moved an application for releasing of remaining deposited amount. Said application has been rejected. At this juncture present writ petition has been filed.
(2.) Learned counsel for the petitioner Sri D.K. Mishra contended with vehemence that petitioner is landless labour with no source of income and in order to maintain his family he intends to open General Merchant shop, as such amount in question be released in favour of the petitioner and Motor Accident Claims Tribunal has totally misdirected itself by not considering genuine request of the petitioner, as such writ petition deserves to be allowed. Sri. A.K. Pandey, Advocate, appearing for Bank on the other hand contended that order which has been passed is to protect the interest of the petitioner himself as such no interference be made.
(3.) After respective arguments have been advanced factual position which is emerging in the present case is that on account of death of petitioner's wife in an accident dated 02.01.2000. Motor Accident Claim Petition No. 75 of 2000 Santosh Kumar v. National Insurance Company and others before Motor Accident Claims Tribunal had been filed by the petitioner and said Claim petition was allowed and a sum of Rs. 1,32,000/- (One lacs thirty two thousand) was awarded by way of compensation with interest at the rate of 6% per-annum from the date of filing of the petition till the payment was made. After said order has been passed petitioner had filed an application for releasing of amount and then order dated 26.10.2006 was passed directing therein that out of total deposited amount of Rs. 1,00,575/-, 10% of the said amount be paid in cash and remaining 90% of the total amount be deposited in Fixed Deposit in Nationalised Bank for 15 years. Accordingly fixed deposit was made. Petitioner again moved application on 12.03.2007 before Special Judge Mathura for releasing the said deposited amount and thereafter on 09.04.2007, 50% of the deposited amount was directed to be paid to the petitioner by way of cash and remaining 50% of the amount was directed to be deposited. Again petitioner has came out with specific case that he has no source of livelihood and he intends to open general merchant shop in order to sustain himself and his family, as such amount in question be directed to be released.;