Punjab-Haryana High Court
Nanu Maya Thapa vs Motor Accident Claims Tribunal, ... on 21 December, 2016
Author: Raj Mohan Singh
Bench: Raj Mohan Singh
Civil Revision No.8656 of 2016 1
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Civil Revision No.8656 of 2016
Date of Decision: 21.12.2016
NANU MAYA THAPA
......Petitioner
Vs
MOTOR ACCIDENT CLAIMS TRIBUNAL, GURGAON AND
OTHERS
....Respondents
CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH
Present:Mr. Vipul Aggarwal, Advocate
for the petitioner.
****
RAJ MOHAN SINGH, J. (Oral)
[1]. Petitioner has assailed order dated 05.07.2016 (Annexure P-2) passed by Motor Accidents Claims Tribunal, Gurgaron (for short 'the Tribunal') vide which the total amount of FDRs was not allowed to be released in her favour. [2]. Petitioner is a widow having large family to maintain. The release of the amount was sought for better management of household activities. Petitioner is major and in view of law laid down by the Hon'ble Apex Court in H.S.Ahammed Hussain & Anr vs Irfan Ahammed & Anr, 2002(2) RCR (Civil) 513 a fixed deposit of the amount in case of adult was not held proper.Even otherwise, the petitioner being widow is entitled to the amount 1 of 2 ::: Downloaded on - 26-12-2016 01:45:55 ::: Civil Revision No.8656 of 2016 2 amount after encashment of the FDRs in order to meet out the day-to-day household and other expenses of the family. [3]. In view of above, the revision petition is disposed of with a direction to the Tribunal to pass appropriate order for releasing the amount in question, in favour of the petitioner.
December 21, 2016 (RAJ MOHAN SINGH)
Atik JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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