SANJEEV PRAKASH SHARMA,J. - (1.) Reportable By way of this writ petition, the petitioner has prayed for premature release of amount of compensation lying in fixed deposit account and challenged the order dated 07/06/2018 passed by the learned Motor Accident Claims Tribunal and Additional District Judge No. 1, Deeg, District Bharatpur in M.A.C. No. 117/2016 by which application moved by the petitioner for premature release of the amount of compensation lying in fixed deposit account has been rejected.
(2.) Learned counsel for the petitioner has relied on the judgment of the Apex Court rendered in the case of A.V. Padma and Ors. v. R. Venugopal and Ors.: MACD 2012 (SC) 25 wherein the Apex Court has held as under:- "5. Thus, sufficient discretion has been given to the Tribunal to insist on investment of the compensation amount in long term fixed deposit and to release even the whole amount in the case of literate persons. However, the Tribunals are often taking a very rigid stand and are mechanically ordering in almost all cases that the amount of compensation shall be invested in long term fixed deposit. They are taking such a rigid and mechanical approach without understanding and appreciating the distinction drawn by this Court in the case of minors, illiterate claimants and widows and in the case of semi-literate and literate persons. It needs to be clarified that the above guidelines were issued by this Court only to safeguard the interests of the claimants, particularly the minors, illiterates and others whose amounts are sought to be withdrawn on some fictitious grounds. The guidelines were to be understood to mean that the Tribunals were to take a rigid stand while considering an application seeking release of the money. The guidelines cast a responsibility on the Tribunals to pass appropriate orders after examining each case on its own merits. However, it is seen that even in cases when there is no possibility or chance of the feed being frittered away by the beneficiary owing to ignorance, illiteracy or susceptibility to exploitation, investment of the amount of compensation in long term fixed deposit is directed by the Tribunals as a matter of course and in a routine manner, ignoring the object and the spirit of the guidelines issued by this Court and the genuine requirements of the claimants. Even in the case of literate persons, the Tribunals are automatically ordering investment of the amount of compensation in long term fixed deposit without recording that having regard to the age or fiscal background or the strata of the society to which the claimant belongs or such other considerations, the Tribunal thinks it necessary to direct such investment in the larger interests of the claimant and with a view to ensure the safety of the compensation awarded to him. The Tribunals very often dispose of the claimant's application for withdrawal of the amount of compensation in a mechanical manner and without proper application of mind. This has resulted in serious injustice and hardship to the claimants. The Tribunals appear to think that in view of the guidelines issued by this Court, in every case the amount of compensation should be invested in long term fixed deposit and under no circumstances the Tribunal can release the entire amount of compensation to the claimant even if it is required by him. Hence a change of attitude and approach on the part of the Tribunals is necessary in the interest of justice."
(3.) Case of the petitioner is that the petitioner is in dire need of money and therefore, he had entered into a compromise in National Lok Adalat to accept a lower sum of Rs. 4,75,000/- in M.A.C. No. 117/2016. However, the learned Tribunal has deposited the entire amount of compensation in fixed deposit account while the petitioner Jilsad alias Dilsad, who is 9 years old child of Haqmuddin, is undergoing regular treatment for which money is required. He has to undergo heavy expenditures for operations but the amount has been released.;