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High Court of Punjab and HaryanaCR/5967/2014allowed

Satnam Singh v. New India Assurance Co.Ltd. & ORS.

2015-01-27Mr. Justice R.P. Nagrath2 pages

VINOD KUMAR 2015.01.29 11:27 I attest to the accuracy and authenticity of this document Chandigarh CR No.5967 of 2014 (O&M) [ 1 ] ****

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CR No.5967 of 2014 (O&M) Date of decision:27.01.2015 Satnam Singh

...Petitioner

Versus

The New India Assurance Company Ltd. and others

...Respondents

CORAM: Hon'ble Mr. Justice Rakesh Kumar Jain

Present:

Mr. Sagar Aggarwal, Advocate, for the petitioner.

Mr. Pardeep Goyal, Advocate, for respondent no.1.

***** Rakesh Kumar Jain, J.

CM Nos.1770-71-CII of 2015 Applications are allowed, as prayed for.

CR-5967-2014 The petitioner applied for withdrawal of the amount of compensation, which was ordered to be deposited by the Court for 5 years in the FDR, on the ground that he is unemployed and wanted to start his own business. He also made a statement on 26.08.2014 in this regard but the application was dismissed by an order of the even date on the ground that the FDR was created on 03.07.2014 for a period of five years and it is too early to release the amount of compensation. Counsel for the petitioner has submitted that the petitioner has

VINOD KUMAR 2015.01.29 11:27 I attest to the accuracy and authenticity of this document Chandigarh CR No.5967 of 2014 (O&M) [ 2 ] **** attained majority and is entitled to the amount of compensation. In order to prove date of birth of the petitioner, he has filed an application bearing CM No.1771-CII of 2015 and placed on record Annexures P-5 and P-6 in which birth certificate of the petitioner shows his date of birth as 07.12.1993, according to which he is 21 years of age.

After hearing learned counsel for the parties and considering the facts and circumstances of the case, I am of the considered opinion that the petitioner is entitled to the release of his share of compensation which was ordered to be deposited in the FDR for a period of 5 years as it is allegedly required by him for starting his own business. Thus, the present revision petition is hereby allowed and the impugned order dated 26.08.2014 is set aside with a direction that the amount of compensation of the share of the petitioner deposited in the FDR be released to him forthwith.

January 27, 2015 (Rakesh Kumar Jain) vinod* Judge