Jaswant Singh, J. - (1.) CM 13006 -CII/2011 allowed. Matriculation certificate (P4) of Petitioner -Jaspal Singh, showing his date of birth as 26.9.1980 is taken on record. CR No.2865/2011.
(2.) PETITIONER -Jaspal Singh, who was one of the claimants being a minor son of the deceased Harbhajan Singh who had died in a motor vehicular accident has filed the present revision petition under Article 227 of the Constitution for setting aside the order dated 20.11.2010 (P1) passed by learned Motor Accident Claims Tribunal, Karnal whereby his application for withdrawal of compensation amount lying deposited in the FDR with Respondent No. 2 -Oriental Bank of Commerce, Sadar Bazar, Karnal has been declined. It is submitted that the Petitioner is an adult and he needs the amount of compensation awarded to him to start his own business. It is further submitted that in view of the fact that the Petitioner is a major, the learned MACT Karnal has illegally rejected the application of the Petitioner for withdrawal of the compensation awarded to him which is lying in FDR. Reliance has been placed on the law laid down by Hon'ble the Supreme Court in H.S. Ahammed Hussain v. Irfan Ahammed, 2002 (3) RCR (Civil) 563,wherein it has been held that the amount payable to an adult cannot be directed to be kept in a fixed deposit.
(3.) HEARD learned Counsel for the Petitioner and perused the paper book.;