High Court of Punjab and HaryanaCR/3422/2015allowed

Krishan And ANR v. Suresh Kumar And ORS

2015-05-18Mr Justice Rakesh Kumar Jain2 pages

Civil Revision No. 3422 of 2015 -1- In the High Court of Punjab and Haryana at Chandigarh Civil Revision No. 3422 of 2015 Date of Decision: 18.5.2015.

Krishan and another .......Petitioners

Versus

Suresh Kumar and others ......Respondents CORAM: HON'BLE MRS. JUSTICE SABINA

Present:

Mr. Susheel Gautam, Advocate for the petitioners.

**** SABINA, J.

Petitioners have filed this petition under Article 227 of Constitution of India challenging the order dated 4.5.2015 (Annexure P-3).

I have heard the learned counsel for the petitioners and have gone through the record available on the file carefully. Petitioners had filed claim petition claiming compensation on account of death of their minor son in a roadside accident. In the Lok Adalat, petitioners were awarded compensation to the tune of ` 3,00,000/- vide award dated 6.12.2014. Out of the said amount, ` 75,000/- was paid to the petitioners in cash and the remaining amount of ` 2,25,000/- was ordered to be invested in two Fixed Deposit Receipts for a period of three years. Petitioners moved an application for withdrawal of the GURPREET SINGH 2015.05.21 14:57 I attest to the accuracy and authenticity of this document Chandigarh

Civil Revision No. 3422 of 2015 -2amount invested in the Fixed Deposit Receipts as the same was required by them for domestic purposes. The Tribunal fell in error in dismissing the application moved by the petitioners. Since the petitioners need the amount invested in the Fixed Deposit Receipts for their domestic purposes, the Tribunal should have permitted the petitioners to withdraw the amount invested in the Fixed Deposit Receipts. Moreover, as per the award passed by the Lok Adalat, no direction was given to invest the amount of compensation in Fixed Deposit Receipts.

Accordingly, this petition is allowed. Impugned order dated 4.5.2015 (Annexure P-3) is set aside. Manager, State Bank of Patiala, Mini Secretariat, Sonepat is directed to release the amount invested in the Fixed Deposit Receipt No. 950940 to petitioner No. 1-Krishan and amount invested in Fixed Deposit Receipt No. 350939 to petitioner No. 2-Rekha, forthwith. (SABINA) JUDGE May 18, 2015 Gurpreet GURPREET SINGH 2015.05.21 14:57 I attest to the accuracy and authenticity of this document Chandigarh