Chattisgarh High Court
Smt. Sushila Singh And Ors. vs Driver Madhulal Rai And Ors. on 18 January, 2002
Equivalent citations: 2002(2)MPHT7(CG)
JUDGMENT Fakhruddin, J.
1. Heard.
2. This revision petition has been filed against the order dated 19-12-2001, passed by A.D.J., Durg, whereby application for withdrawal of F.D.R. amount has been rejected.
3. Counsel for the applicants submits that the deceased was a Nepali and he died in an accident and the claimants are widow and children. He further submits that the amount is needed for treatment of the child of the deceased, who is seriously ill in Nepal. Her permanent address is Village Paharipur, Post Patharia, Dist. Kelali Sethi Anchal, Nepal. At present she is temporarily staying Bhilai. Counsel for the applicants relied upon a judgment reported in 2000(2) M.P.H.T. 357 (Mangibai v. Suresh) and a judgment of this reported in 2001(1) C.G.L.J. (Bharat Ram v. Abdul Murad and Ors.) and submitted the relevant medical documents. Counsel for the applicants submits that he himself is satisfied.
4. Having considered the facts and circumstances of the case, material on record, the revision petition is allowed. The amount as prayed be disbursed by Account Payee Draft/Cheque to applicant being natural mother subject to furnishing an undertaking that she will utilize the money for the purpose for which it has been withdrawn.
5. Certified photocopy as per rules.