SMT. MUKESH DEVI Vs. MOTOR ACCIDENT CLAIMS TRIBUNAL, NARNAUL AND ANOTHER
LAWS(P&H)-2014-5-570
HIGH COURT OF PUNJAB AND HARYANA
Decided on May 14,2014

Smt. Mukesh Devi Appellant
VERSUS
Motor Accident Claims Tribunal, Narnaul And Another Respondents

JUDGEMENT

Jaswant Singh, J. - (1.) CLAIMANT /petitioner, widow of deceased Pawan Kumar, is in revision against the order dated 21.12.2013 passed by the learned Motor Accident Claims Tribunal, Narnaul whereby her application for releasing remaining 50% of the compensation awarded to her and lying deposited in Allahabad Bank, Narnaul in the shape of an FDR, has been dismissed.
(2.) IT is averred that the amount kept in the FDR is required by the applicant to meet day to day expenses, repayment of loan amount and construction of the house. It is contended by the learned counsel for the petitioner that the claimant/petitioner is major and hence entitled to the release of the awarded amount.
(3.) AFTER hearing the learned counsel for the claimant/petitioner I am of the opinion that the prayer made is liable to be accepted in view of 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 opined that the amount payable to an adult cannot be directed to be kept in fixed deposit.;


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