Madhvi Mathur v. Sharad Garg & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 327/2020 & C.M.Appln.9593/2020 MADHVI MATHUR ..... Petitioner Through:

Mr. Ramangal Kumar, Advocate versus SHARAD GARG & ORS .....Respondents Through:

None

CORAM:

HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 13.03.2020 1.

This appeal has been filed by Madhavi Mathur, being the daughter of the deceased, against the order dated 12.02.2020, passed by the Motor Accident Claims Tribunal declining her prayer for premature release of the FDR on the ground that her mother had taken a loan of Rs.1.5 lakhs from one Tej Bahadur, which has to be repaid.

2.

Learned counsel for the appellant submits, on enquiry, that a sum of Rs.3,43,950/- (i.e. 15% of the awarded amount) falls to the share of the appellant out of which, she has sought release of a sum of Rs.2.5 lakhs, which is more than 70% of the entire share of compensation awarded to her. 3.

This court finds no merit in the present appeal since the very object of granting compensation excludes release of amounts awarded for the repayment of outstanding loan amount as it is intended as a long term financial support to the beneficiary.

4.

At this stage, learned counsel for the appellant seeks permission to withdraw the present appeal.

CM(M) 327/2020

5.

Leave as prayed for is granted. The appeal is dismissed as withdrawn alongwith the pending application.

ASHA MENON, J MARCH 13, 2020/s/na CM(M) 327/2020