H.R. Panwar, J. - (1.) BY the instant writ petition under Article 227 of the Constitution of India, the petitioner seeks setting aside of the order dt. 16.04.2009 Annex.5 and a direction to the respondent Motor Accident Claims Tribunal, Bikaner to release the amount of Fixed Deposit Receipts which was deposited by the petitioner out of the amount of compensation awarded to him by the Tribunal in compliance of the Tribunal 's order.
(2.) HEARD learned Counsel for the petitioner. It is submitted by learned Counsel for the petitioner that the petitioner suffered grievous injuries resulting in amputation of left toe in a road accident on 12.09.2001 caused by the driver of the vehicle by driving the vehicle rashly and negligently. A claim petition came to be filed by the petitioner under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act ' hereinafter) claiming compensation which came to be allowed by order dt. 29.11.2006 and the Tribunal awarded a sum of Rs. 2,09,174/ -. After adjusting the amount of Rs. 25,000/ - awarded as no fault liability, the Tribunal directed to deposit Rs. 50,000/ - in three FDRs, first for a period of five years, second for a period of ten years and third for a period of fifteen years. Thus, out of the awarded amount, the petitioner was required to deposit Rs. 1,50,000/ - in F.D.R. with a condition that premature encashment would be subject to the permission of the Tribunal. The award has become final since it has not been challenged by way of an appeal by any of the parties.
(3.) THE marriage of the petitioner 's son Mohd. Rafiq was scheduled to be held and, therefore, the petitioner applied for premature encashment of the FDR before the Tribunal on 07.11.2008 and the said application was allowed vide order dt. 10.12.2008 Annex.1. According to the petitioner due to unavoidable circumstances and more particularly death of Smt. Marium wife of elder father of the petitioner on 02.01.2009, the marriage of son of the petitioner Mohd. Rafiq could not be solemnized and it was deferred. Subsequent thereto, the marriage of petitioner 's daughter namely Begum Bano was scheduled to be solemnized, therefore, the petitioner applied for premature release of his FDR for the marriage of his daughter scheduled to be solemnized on 20.04.2009. The amount of FDR which was released earlier for the purpose of marriage of petitioner 's son was utilized for the marriage of the petitioner 's daughter Begum Bano, therefore, the petitioner again applied for premature release of FDR. According to the petitioner, now the marriage of his son Mohd. Rafiq is scheduled to be solemnized on 07.06.2009. However, the application seeking premature release of the FDR came to be dismissed by the respondent tribunal. Hence this writ petition.;