Sharif Alam v. Dhara Singh & ORS.

$~41 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CM(M) 1159/2025 SHARIF ALAM .....Petitioner Through:

Ms. Aruna Mehta and Mr. Sanjeev Mehta, Advocates versus DHARA SINGH & ORS.

.....Respondents Through:

CORAM:

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R

% 07.07.2025 1.

The Registry is directed not to list the matters without proper book marking before this Court.

2.

The present Petition has been filed under Article 227 of the Constitution of India impugning the order dated 04.06.2025 passed by learned Presiding Officer, MACT-02, Shahdara, Karkardooma Court, Delhi [hereinafter referred to as "Impugned Order"]. By the Impugned Order, the Application seeking premature release of the amount in the sum of Rs. 10 lakhs kept in FDR was dismissed by the learned Trial Court. 3.

The Impugned Order sets out that a total sum of Rs. 10,01,602/- along with 8% interest has already been awarded to the Petitioner by an award dated 26.02.2024 in MACT No. 1682/2016 captioned Sharif Alam v. Dara Singh [hereinafter referred to as "MACT Award"]. The learned Trial Court has given a finding that the release of amount as prayed for marriage expenses performed beyond the means of a common man will encourage a social evil which needs to be curbed, while dismissing the Application. 4.

Learned Counsel appearing on behalf of the Petitioner submits that as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

per the MACT Award granted to the Petitioner, a total sum of Rs. 10,01,602/- along with interest was awarded to the Petitioner. She seeks to rely upon the compensation granted by the learned Tribunal in MACT Award, which is set out below:

"73. Thus, the compensation awarded to the petitioner is summarized as under:- SI.

No.

Head of Compensation Amount 1.

Medical Expenses Rs.1,09,720/- 2.

Loss of earning during treatment Rs.82,602/- Loss of future earning due to disability Rs.6,44,280/- Special Diet Rs.20,000/"

Conveyance charges Rs.1 0,000/- Attendant charges Rs.60,000/- Pain & Suffering Rs.50,000/- Loss of Amenities Rs. 25,000/-

74. Thus, the total compensation amount to which the petitioner is entitled comes to Rs.l0,01,602/-.

INTEREST ON AWARD

75. Petitioner shall also be entitled to interest @. 8% per annum on the award amount from the date of filing ·of the petition till realization." 4.1 Learned Counsel appearing on behalf of the Petitioner submits that after calculation of the interest component, the amount which was awarded to the Petitioner, who was the victim in the accident, is approximately Rs. 14.80 lakhs.

4.2 Learned Counsel for the Petitioner further submits that the Petitioner has scheduled the wedding of both of his daughters, namely, Ms. Meena Praveen and Ms. Gulafsha Praveen together on 11.07.2025 with a view to save funds. She submits that the estimate for food and function is Rs. 4.5 lakhs and the expenses for cloth, jewellery and furniture will cost the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Petitioner more than Rs 6 lakhs. Learned Counsel, thus, submits that directions be passed for release of some amounts as the Petitioner is facing severe financial hardships and that one of the Petitioner's daughters has already reached the age of 30 years.

5.

In view of the aforegoing statement and considering that a sum of approximately Rs. 15 lakhs is available with the Petitioner, which was awarded as compensation, this Court deems it apposite to direct release of a sum of Rs. 8 lakhs to the Petitioner.

6.

The Impugned Order is, accordingly, set aside. The Manager, UCO Bank, Karkardooma Court, Delhi is directed to release a sum of Rs. 8 lakhs from the FDR No.20780311541592 for the marriage of two daughters of the Petitioner. The Petitioner is at liberty to take all appropriate steps in accordance with law for release of the aforesaid amounts. 7.

The Petition is disposed of in the aforegoing terms. All pending Applications stand closed.

8.

TARA VITASTA GANJU, J JULY 7, 2025/g.joshi Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.