IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.55397/2017 C/w.
WRIT PETITION NO.55396/2017 (GM-AC) IN W.P.NO.55397/2017 BETWEEN:
PREETHI D/O LATE M.H. PRAKASH AGED ABOUT 19 YEARS RESIDENT OF MATHIKERE VILLAGE BOOKINAKERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND:
THE NATIONAL INSURANCE COMPANY LTD NO.1576, 1ST FLOOR VISHWESHWARAIAH ROAD MANDYA BRANCH MANDYA – 571 401 …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH ORDER DATED 15.12.2017) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 25.07.2017 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND MACT AT K.R.PET IN MVC NO.63/2010 IN REJECTING THE IA FILED BY THE PETITIONER UNDER SECTION 151 OF CPC FOR PREMATURE RELEASE OF FD AMOUNT VIDE ANNEXURE - A AND CONSEQUENTLY DIRECT FOR RELEASE OF FD AMOUNT BY ALLOWING THE APPLICATION FILED BY THE PETITIONER AND ETC.
IN W.P.NO.55396/2017 BETWEEN:
SMT. PRABHAVATHI W/O LATE M.H. PRAKASH AGED ABOUT 38 YEARS RESIDENT OF MATHIKERE VILLAGE BOOKINAKERE HOBLI K.R.PET TALUK MANDYA DISTRICT – 571 426 …PETITIONER (BY SRI. SHARATH S GOWDA, ADVOCATE) AND:
THE NATIONAL INSURANCE COMPANY LTD NO.1576, 1ST FLOOR VISHWESHWARAIAH ROAD MANDYA BRANCH MANDYA – 571 401 …RESPONDENT (NOTICE TO RESPONDENT IS DISPENSED WITH VIDE ORDER DATED 15.12.2017) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 20.08.2016 PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND MACT AT K.R.PET IN MVC NO.63/2010 IN REJECTING THE IA FILED BY THE PETITIONER UNDER SECTION 151 OF CPC FOR PREMATURE RELEASE OF FD AMOUNT VIDE ANNEXURE - A AND CONSEQUENTLY DIRECT FOR RELEASE OF FD AMOUNT BY ALLOWING THE APPLICATION FILED BY THE PETITIONER AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Considering that the issue that arises in these petitions being only with regard to withdrawal of the amount in Fixed Deposit kept pursuant to the award passed by the Court below, the need to notify the respondent does not arise. Accordingly, notice to the respondent is dispensed.
2. The petitioner in W.P.No.55396/2017 is the mother of the petitioner in W.P.No.55397/2017. Since, the issue for consideration rests on the same facts, the petitions are taken up together and disposed of through this common order.
3. The petitioner in W.P.No.55396/2017 was the first petitioner and the petitioner in W.P.No.55397/2017 was the second petitioner in M.V.C.No.63/2010 which had been filed seeking compensation for the death of the husband/father of the petitioners. The MACT, through the judgment dated 25.09.2013 had allowed the claim petition in part awarding the total compensation of Rs.8,37,500/- with interest and had apportioned the said amount in the manner as has been indicated therein.
4. The petitioner in W.P.No.55397/2017 was a minor at that point in time and as such, the entire compensation awarded to her was directed to be kept in Fixed Deposit for a period of five years or till she attains the age of majority, whichever is later. As on today, the petitioner in W.P.No.55397/2017 has attained the age of majority and she is also stated to be married. It is in that circumstance, since the marriage was required to be performed, the petitioners in both these petitions had filed the application before the Court below seeking pre-closure of the Fixed Deposit and payment of the amount as claimed therein. The Tribunal, through its impugned order has rejected the claim of the petitioners. It is in that circumstance, the petitioners are before this Court.
5. Insofar as the petitioner in W.P.No.55396/2017, out of the total compensation amount apportioned to her, 60% of the amount amounting to Rs.1,89,161/- was kept in Fixed Deposit. Insofar as the petitioner in W.P.No.55397/2017, the entire amount of Rs.3,15,268/- was kept in Fixed Deposit. While seeking pre-closure and release of the amount, the petitioners have referred to the need which has arisen to meet the marriage expenses and also to repay the loan that had been taken in that regard. The Court below no doubt had not accepted the reason put forth.
6. Be that as it may, in a circumstance where it is seen that at the point when the death had occurred and the claim petition was filed, the two daughters were minors and the first petitioner-mother was incurring expenses to take care of them and further since, one of the daughter is still a minor, in any event, the family would incur some expenses. At the same time, the object of keeping the amount in Fixed Deposit for the benefit of the claimants also cannot be lost sight.
7. Therefore, in order to balance the equities, it would be appropriate that the Court below be directed to release a portion of the amount and retain the remaining amount in Fixed Deposit, so that the same would be available for payment at a later stage, when it matures or at an earlier point, if any other need is put forth at a later stage.
8. Accordingly, insofar as the amount available to the credit of the petitioner in W.P.No.55396/2017 namely Smt. Prabhavathi, the Court below shall pass appropriate orders directing the Bank to release the sum of Rs.1,00,000/- with proportionate interest, if any accrued and retain the remaining amount in Fixed Deposit for the original period or until any further orders are made. Insofar as the petitioner in W.P.No.55397/2017 namely, Smt. Preethi, the Court below is directed to issue appropriate orders directing the Bank to release a sum of Rs.1,00,000/- with proportionate interest, if any accrued and retain the remaining amount in Fixed Deposit for the original period or until further orders are made.
With the said direction, both these petitions stand disposed of.
Sd/- JUDGE ST