Govind Mathur - (1.) THIS petition for writ is preferred seeking a direction to quash the order dated 27.4.2011, passed by the Motor Accident Claims Tribunal, Udaipur, rejecting an application preferred by the petitioner to release the amount that was kept in fix deposit, in pursuant to the order dated 18.1.2011, passed in Motor Accident Claims Case No. 351/2007 (Samunder Singh Chundawat Vs. Gamer Singh & Ors).
(2.) THE Motor Accident Claims Tribunal under the award dated 18.1.2011 allowed Rs. 6,02,000/ - to the petitioner and out of that a sum of Rs. 2,02,000/ - was deposited in saving bank account of the petitioner. The remaining amount was ordered to be kept in two separate fix deposit accounts for a term of five years and seven years. It is submitted that the petitioner claimed withdrawal of the amount kept in fix deposit for making payment of medical expenses incurred, and further to meet the medical expenses, that can be incurred in getting surgery of the leg as advised by the GBH American Hospital, Udaipur. Learned counsel for the petitioner has shown me the original consultation memo and invoice given by GBH Hospital, Udaipur regarding treatment of the petitioner. As per the documents aforesaid, the petitioner is required to spend Rs. 33,000/ - for undergoing necessary surgery. It is stated that a sum of about Rs. 1,65,000/ - is required to be paid by the petitioner, being due for the treatment taken earlier.
(3.) HAVING considered all the facts of the case and looking to the bonafide need of the petitioner, I deem it appropriate to accept this petition for writ by quashing the order impugned, with a direction to release the amount of fix deposit, pertaining to the FDR i.e. made for a term of five year's.;