R.S. Chauhan, J. - (1.) THE petitioners are aggrieved by the order dated 26.03.2009, passed by the Motor Accident Claims Tribunal, Ajmer whereby the learned Tribunal has declined the application of the petitioners for release of the compensation amount kept in FDRs.
(2.) DUE to the death of her husband in motor vehicle accident, the petitioner No. 1., Smt. Gulab Bai, had filed a claim petition before the learned Tribunal. After going through oral and documentary evidence, vide award dated 23.02.2000, the learned Tribunal had directed that the compensation of Rs. 3,20,000/ - should be paid to the petitioners. Simultaneously, it had directed that amount of Rs. 20,000/ -, Rs. 25,000/ -, Rs. 20,000 and Rs. 15,000/ - shall be kept in the name of petitioner Nos. 2, 3, 4 & 5 who were minor at the relevant time. Since the petitioner No. 1, who happens to be a widow, and who needs to feed and take care of her children, wanted to buy a piece of land, she desperately needed the amount of compensation, which has been kept in FDRs. Therefore, she filed an application for release of the FDR amount before the learned Tribunal. However, the learned Tribunal has dismissed the said application. Hence, this petition before this Court. Mr. Veyankatesh Garg, the learned Counsel for the petitioners, has relied upon the case of Teeja Devi (Smt.) v. The Judge, MACT, Jaipur, 2006 RAR 242 in order to buttress his contention that the amount of compensation should ordinarily be dealt with as per the wishes of the claimant. According to him, since the petitioner No. 1 desperately needs to buy the land in order to maintain her family economically and physically, the learned Tribunal should have directed the encashment of the fixed deposit.
(3.) HEARD the learned Counsel for the petitioners and perused the impugned order.;