- (1.) Dittar Singh father of the Petitioner-Saravjeet Singh died in a Motor Vehicular Accident. Dependents of late Dittar Singh namely Petitioner-Saravjeet Singh (son), Smt. Jagir Kaur (widow), Smt. Kesar Kaur and Sh. Bhagwan Singh(parents of deceased Dittar Singh) and Sarabjeet Kaur and Sukhwinder Singh @ Mandeep (niece and nephew) of deceased filed claim petition, which was allowed by the learned Motor Accident Claims Tribunal, Kurukshetra vide award dated 23.02.2004. While Smt. Kesar Kaur, mother of deceased Dittar Singh died on 21.05.2002 during the pendency of the claim petition, Smt. Jagir Kaur and Sh. Bhagwan Singh died on 02.06.2003 and 05.02.2004 respectively. The remaining claimants i.e. Petitioner-Saravjeet Singh, Sarabjeet Kaur and Sukhwinder Singh filed an appeal bearing FAO No. 687 of 2006 before this Court seeking enhancement of the compensation, which was allowed by this Court vide order dated 08.05.2007 and another sum of Rs. 60,000/- was awarded as enhanced compensation.
(2.) On 24.01.2009 Petitioner filed a suit for declaration to the effect that he was sole legal heir of deceased Dittar Singh and that Sarabjeet Kaur and Sukhwinder Singh (his cousins and nephew/niece of Late Dittar Singh) had no concern with the claim of compensation. The said suit was decreed by the learned Civil Judge (Junior Division), Pehowa vide judgment and decree dated 03.02.2010 holding that the claimant/Petitioner is the only LR of Dittar Singh @ Sukha Singh. After the passing of the aforesaid decree claimant/Petitioner filed an application before the learned Motor Accident Claims Tribunal, Kurukshetra for release of the compensation amount. The learned Motor Accident Claims Tribunal, Kurukshetra vide impugned order dated 24.02.2010 released the share of Jagir Kaur (widow of deceased Dittar Singh), Sarabjeet Kaur and Sukhwinder Singh (niece and nephew of Dittar Singh). However, the Motor Accident Claims Tribunal did not release the share belonging to Kesar Kaur and Bhagwan Singh (parents of deceased Dittar Singh). Hence the present revision petition under Article 227 of the Constitution with a prayer to release the amount of compensation deposited in the share of grand parents of Petitioner.
(3.) After arguing for sometime learned Counsel for the Petitioner prays for withdrawal of the revision petition with permission to take all pleas in appropriate proceedings at the appropriate stage.;