SANDEEP MEHTA,J. - (1.) The petitioner-claimant has approached this court by way of the instant writ petition with a prayer for directing release of the Fixed Deposit Receipts, which were prepared in furtherance of the award passed in in MAC Case No.326/2006.
(2.) Facts in brief are that the petitioner's husband Raj Singh @ Raju passed away in an accident on 10.11.2005. A claim application was submitted by the petitioner and Smt. Jatani Bai under the provisions of the Section 166/140 of the Motor Vehicle Act, 1988 before the Motor Accident Claims Tribunal, Udaipur, which was rejected on 29.06.2007. The said order was challenged by Smt. Jatani Bia as well as the petitioner by filing S.B. Civil Misc. Appeal No.2328/2007 (Smt. Jatani Bai and Anr. v. Ratan Lal and Ors. ) in this court, which was allowed vide judgment dated 01.12.2008 and a total sum of Rs. 4,27,000/- was awarded to the claimants by way of compensation. The awarded amount with interest was deposited before the Tribunal on 29.10.2013. A sum of Rs. 1,00,000/- was deposited in the Savings Bank Account of the petitioner and a sum of Rs. 25,000/- was deposited in the account of Smt. Jatani Bai in terms of the award. The remaining amount was deposited in 7 FDRs of Rs. 50,000/- each with maturity period of one year to seven years and one FDR of Rs. 29,191/- with the maturity period of eight years. The petitioner moved an application before the Tribunal for releasing the FDRs valued of Rs. 2,29,191/- with interest to her because of her pressing personal needs. The Tribunal rejected the said application vide order dated 27.04.2017, which is challenged in the instant writ petition.
(3.) Having heard and considered the arguments advanced by Mr. Deora and after going through the impugned order, this court is of the firm opinion that the Tribunal was totally unjustified in rejecting the application filed by the petitioner. The petitioner is the widow of late Shri Raj Singh @ Raju and needs part of the compensation awarded to her for her pressing personal needs and thus cannot be deprived of the relief claimed.;