Court No. - 29
Case :- WRIT - C No. - 2335 of 2019 Petitioner :- Sunita Devi And 2 Others Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Counsel for Respondent :- C.S.C.,Anadi Krishna Narayana Hon'ble Pankaj Mithal,J. Hon'ble Rohit Ranjan Agarwal,J.
Heard learned counsel for the petitioners. Sri Arun Prakash, learned counsel has appeared on behalf of respondents.
The petitioners have been awarded a total of Rs.4,52,000/- with 7% interest vide judgement and order dated 27.05.2014 passed by the Motor Accident Claim Tribunal. In pursuance of the said judgement part of the amount has been deposited in fixed deposit which is to mature on 10.03.2020.
The petitioners applied for the withdrawal of the said amount prematurely, as petitioner No.1 has been married on 10.03.2015 for which purpose huge amount has been borrowed by the family. The application for withdrawal of the amount deposited in the name of petitioners No. 1 and 2 has been rejected only for the reason that the fixed deposit would mature on 10.03.2020.
The Tribunal has not considered the need of the petitioners in rejecting the said claim. No finding has been recorded that the petitioners are not in need of the aforesaid amount or that petitioner No.1 was not married on 10.03.2015 or that money was not borrowed by the family for the purpose of the said maturity.
In view of above, part of the order dated 20.11.2018 of the Tribunal whereby it rejects the claim of the petitioners No. 1 and 2 is to be ignored.
Accordingly, directions are issued to the respondents to make the payment of the FDR which stands in the name of petitioners No. 1 and 2 without waiting for its maturity after getting the necessary formalities completed.
The Writ Petition is allowed.
Order Date :- 29.1.2019 piyush