Court No. - 49
Case :- WRIT - C No. - 19468 of 2019 Petitioner :- Nisar Varis Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mohd. Hesamuddin Khan Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of the present petition, the petitioner has challenged the order passed by the Motor Accident Claims Tribunal dated 22.5.2019 whereby the application of the petitioner for liquidating the Fixed Deposit Receipts worth Rs.3,00,000/- which was under the investment scheme of the bank pursuant to the order of the Motor Accident Claims Tribunal dated 14.4.2016 in Claim Petition No.58 of 2014.
The grievance of the petitioner is that he made an application to the tribunal for liquidating the FDRs because of the personal need and he is very poor person and needed money for his own treatment. It is further pleaded that the amount of compensation has been made payable for the benefit of the claimants and if the petitioner is in need today the very purpose of the claim awarded by the tribunal would get frustrated. He has further placed reliance upon an order of the Division Bench judgment of this Court in Writ C No.2335 of 2019 (Sunita Devi & 2 Ors. v. State of U.P. & 2 Ors.) on identical facts and in which this Court allowed the withdrawal of money invested in the scheme of the nationalized bank.
Learned counsel for the bank has no objection, in case, if the FDRs are liquidated and the petitioner has paid the money.
In view of the above, the order dated 22.5.2019 is set aside. The respondents are directed to get the FDRs liquidated and the amount is also paid to the petitioner within eight weeks from the date of production of certified copy of this order.
The writ petition is disposed of.
Order Date :- 31.5.2019 Jyotsana