IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2017 BEFORE THE HON’BLE MR. JUSTICE A S BOPANNA WRIT PETITION No.2991/2017 (GM-AC) BETWEEN:
1. SMT. SARASWATHI W/O LATE G K MANJEGOWDA AGED ABOUT 44 YEARS 2. SMT. G M VANITHA D/O LATE G K MANJEGOWDA AGED ABOUT 24 YEARS 3. SMT. G M VINUTHA D/O LATE G K MANJEGOWDA AGED ABOUT 23 YEARS ALL ARE R/O GANGENAHALLY VILLAGE KIKKERI HOBLI, K R PET TALUK MANDYA DISTRICT PIN-571423 (BY SRI. K R LINGARAJU, ADV.) AND:
THE DIVISIONAL CONTROLLER K S R T C, K S R T C BUS STAND MANDYA-571401 (BY SMT. H R RENUKA, ADV.) ... PETITIONERS ... RESPONDENT THIS PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, WITH A PRAYER TO SET ASIDE THE ORDER DTD:31.12.2016 IN M.V.C NO.1420/2012 PASSED BY THE SENIOR CIVIL JUDGE AND JMFC, K.R.PET VIDE ANNEXURE-A BY ALLOWING THE APPLICATIONS OF THE PETITIONERS DTD:14.12.2016 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners are before this Court assailing the order dated 31.12.2016 passed in MVC No.1420/2012. In that light, the petitioners are seeking direction to the bank concerned for release of the fixed deposit amount.
2. The petitioners herein are claimants No.1, 3 and 4 in MVC No.1420/2012. The Tribunal by the judgment and award dated 18.01.2014 had granted the compensation as indicated therein. The matter no doubt was taken in appeal and this Court has enhanced the compensation. Presently the issue relates only insofar as the compensation that was awarded by the Tribunal, apportioned and directed to be kept in deposit. The amount of Rs.1,06,846/- each is deposited in the names of petitioners No. 1 and 2 herein and an amount of Rs.1,78,078/- has been deposited in the name of the petitioner No.3 herein. The petitioners have filed the application before the Tribunal seeking pre-closure of the fixed deposit and disbursement of the amount on the ground that the marriage of petitioners No. 2 and 3 has been fixed as per the wedding invitation that had been produced. The Tribunal however taking into consideration the fact that out of the enhanced amount in appeal, a portion of which has been released to petitioner No.1, has rejected the application.
3. Taking note of the age of the petitioners, in a normal circumstance, the order passed by the Tribunal would not have called for interference. However, in the instant case, there is no reason to disbelieve the sworn statement of the petitioners about the marriage of petitioners No. 2 and 3 being fixed and the amount that would be required towards expenses. The fact that the compensation granted is also for their benefit cannot be lost sight.
4. If that be the position, a major portion of the fixed deposit amount could be released and a smaller portion could still be retained to be paid on the maturity date. In that view, it is directed that the Tribunal shall issue appropriate orders to the bank concerned to release 75% of the amount standing in the fixed deposit kept in the names of petitioners No. 1 to 3 along with the accrued interest, if any, and retain 25% of the amount till the maturity date.
In terms of the above direction, the petition stands disposed of.
Sd/- JUDGE hrp/bms