1. This petition is preferred to challenge the order of denial of withdrawal of sum of Rs.38,800/-. The petitioner herein has been awarded compensation in the petition moved by her being MACP No.1464 of 1997 on account of accidental injury sustained by her. She has been paid the amount by way of account payee cheque and remaining amount of Rs.38,800/- has been fixed deposited by the Court with the Bank of Maharashtra, Himmatnagar Branch for a period of 5 years.
2. When the petitioner made a request for withdrawal of the said amount so as to make payment towards allotment of house, such a request was turned down by the Tribunal for the reasons that the investment was made in the recent past and the very purpose of such investment is to provide livelihood to the applicant.
3. Learned advocate Mr.J.V.Japee appearing for the petitioner urges this Court that she has borrowed money for making payment and she is incurring debt as huge payment it to be made every month towards interest. She is 63 years old and ailing and, if this amount is not given to her at this stage, she will be in much jeopardy. She, since does not have residential house of her own, and on her application, when such a house is alloted allowing her to pay the interest every month despite this fund would make life extremely difficult for her.
4. On having heard learned advocates for the petitioner and on considering her age as well as her plight and her request to set aside and quash the impugned order of the trial Court, it can be noted that the tribunal was concerned with her livelihood every month and was also justified in rationalizing such investment. However, with additional details having been provided to this Court, the order impugned has been interfered with.
5. Considering the nature of transaction in respect of residence alloted to her and requirement of the petitioner of payment to be made coupled with advancement of her age, her investment in the form of fixed deposit in the Bank needs to be directed to be paid to her by issuance of Account Payee Cheque.
Tribunal to ensure while making the payment that the entire amount is received by the petitioner herself.
7. With this, present petition is disposed of.
(Ms.
Sonia Gokani, J. ) sudhir Top