SATISH KUMAR MITTAL, J. - (1.) THE petitioner has filed this petition under Article 227 of the Constitution of India for setting aside the order dated 7.9.2005, passed by the Motor Accident Claims Tribunal, Karnal (hereinafter referred to as MACT), vide which his application for liquidation of FDR for Rs. 21,474/- has been dismissed.
(2.) IN this case, in a motor accident, the vehicle of the petitioner was damaged. In that regard, the petitioner filed a petition for compensation under the Motor Vehicles Act. Vide award dated 9.9.2004, the MACT allowed the said petition and awarded Rs. 30,000/- along with interest at the rate of 9% per annum. The said amount was deposited by the Insurance Company, which was ordered to be deposited in the FDR by the MACT. Subsequently, on an application filed by the petitioner, an amount of Rs. 15000/- was allowed to be withdrawn. Now, the petitioner has filed an application for withdrawal of the remaining amount of Rs. 21,474/- on the ground that he is in need of the money for repair of his house. The said application has been dismissed. After hearing counsel for the petitioner and going through the contents of the petition and keeping in view the need of the petitioner as well as decision of the Hon'ble Apex Court in H.S. Ahammed Hussain v. Ifran Ahammed, 2002(3) RCR(Civil) 563 (SC) in my opinion, it would be just and proper to release the remaining amount in favour of the petitioner. Accordingly, this petition is allowed and the Manager, Union Bank of India, HUDA Complex, Sector 12, Karnal Branch is directed to liquidate the FDR and release the amount in favour of the petitioner. Petition allowed.;