Karnataka High Court
Shantawwa W/O Ramappa Bhovi vs Uma W/O Anand Kolaki on 5 December, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 5TH DAY OF DECEMBER, 2014
BEFORE
THE HONOURABLE MR. JUSTICE ANAND BYRAREDDY
WRIT PETITION No.108971 OF 2014 (GM-AC)
Between:
Shantawwa,
W/o. Ramappa Bhovi,
Aged 49 years,
Occupation: Coolie,
Now nil,
Resident of Near Ridhdhi Siddhi
Factory, At: & Tq: Gokak,
District: Belgaum. ... Petitioner.
(By Shri M.J. Peerjade, Advocate)
And:
1. Smt. Uma,
W/o. Anand Kolaki,
Aged major,
Occupation: Business,
Resident of House No.1203,
Banagar Galli,
At and Taluk: Gokak,
District: Belgaum.
2. The New India Assurance
2
Company Limited,
Branch Office,
Bus Stand Road,
Gokak, District: Belgaum,
Through its Divisional Manager,
Divisional Office, Club Road,
Belgaum. ...Respondents
---
This Writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the order passed by
the II Additional District & Sessions Judge & III Additional
Motor Accidents Claims Tribunal, Belgaum, in
M.V.C.1833/2008 on 6.12.2012 as per Annexure-"D".
This Writ Petition coming on for orders, this day, the
Court made the following:
ORDER
The present petition is filed in the following circumstances:
Notice to respondents is dispensed with in the background that the present petition does not warrant any hearing of the respondents.
2. The petitioner was the victim of a road traffic accident and had laid a claim for compensation before the Motor 3 Accidents Claims Tribunal. After the proceedings had run their course, the petitioner was awarded a total compensation of Rs.2,85,000/-, of which the petitioner was provided Rs.1,00,000/- and the rest was directed to be deposited in a Nationalized Bank for a period of fifteen years. The petitioner apparently having spent the money for various needs of her family, is now before this Court seeking release of the amount which is in deposit, pleading urgent domestic necessity and also her personal need since there are medical expenses which would be incurred in removal of implants that were in place subsequent to the injuries that she had suffered.
3. Since the petitioner claims that she has a family consisting of her husband and three young children, she would plead that she needs the entire amount of money though the direction to deposit money was in her own interest, which the Tribunal felt would be served if the money was kept in a fixed deposit for 15 years. Since the interest that the amount in 4 deposit bears is only 6% per annum, there is hardly much benefit in the amount remaining in deposit. If a substantial amount is permitted to the withdrawn, the deposit gets reduced by a further amount and therefore, the benefit if any in the monies lying in deposit over the years would hardly be felt if the petitioner is not provided the benefit of the money when she needs it most, which is presently and therefore, in variance with the direction issued by the Tribunal, the entire amount that is in deposit with such interest as it may carry as at present, shall be released in favour of the petitioner. Hence, the judgment and award of the Tribunal is varied and the direction as regards the deposit of money in Fixed Deposit to the extent of Rs.1,85,000/- is set at naught.
The petitioner is held entitled to withdraw the entire amount which is in such fixed deposit bearing FDR No.011335 in the Canara Bank, Tilak Chowk, Belgaum, with such interest 5 as it may have accrued till the date of withdrawal. With that observation, the petition is disposed of.
Sd/-
JUDGE KS