Jaswant Singh, J. - (1.) PETITIONER -Smt. Joginder Kaur, who was one of the claimants being widow 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 her 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.
(2.) IT is submitted that the Petitioner is an adult and she needs the amount of compensation awarded to her for repair and renovation of her dilapidated house. 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 her 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. Heard learned Counsel for the Petitioner and perused the paper book.
(3.) KEEPING in view the enunciation of law as referred to above, the impugned order dated 20.11.2010 (P1) passed by the learned MACT Karnal is set aside and it is directed that the compensation awarded to the Petitioner be released to her forthwith.;