IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition 1442 of 2010 (M/S) Tribhuwan Singh Dolia ..……… Petitioner Versus Smt. Harbansh Kaur and others ……… Respondents Mr. Yogesh Pacholia, the learned counsel for the petitioner. Mr. M.K. Chand, the learned counsel for the respondent no. 3. Hon’ble Tarun Agarwala, J. The petitioner’s father died in an accident. At that time, the petitioner was a minor and the claim application under the Motor Vehicles Act on his behalf as well as by his mother in her own right was filed before the Motor Accident Claims Tribunal, Almora. An award dated 26.9.2003 was passed by the Tribuanl awarding a sum of Rs.5,88,000/- along with interest thereon. It was directed that this amount would be paid to the mother and out of the said amount, rupees one lakh would be given to her in cash and the remaining amount would kept in an FDR and the mother of the petitioner would be entitled to receive the interest on a year to year basis that accrued on the said amount. The appeal against the said award was dismissed and the award became final. Subsequently, an application was moved by the mother of the petitioner which was allowed by an order dated 30.12.2009 and the Court directed that a sum of Rs.2,46,500/- along with interest be released in favour of the petitioner’s mother and that the remaining amount would be kept in an FDR for the remaining period in the name of the son of the deceased, namely, Tribhuwan Singh Dolia, the petitioner. Now, the present writ petition has been filed by the son Tribhuwan Singh Dolia for releasing the aforesaid balance amount alleging that he has attained the age of majority and needs the money to start some kind of a business as he is 2 unemployed. The mother of the petitioner has been impleaded as respondent no. 3, who states that she has no objection if the amount is released in favour of his son. Considering the facts and circumstances that have been brought on the record coupled with the fact that the amount of the compensation should be paid and should be released in favour of the claimant in order to soften the rigour of hardship which has fallen on him on account of the unemployment, this Court is of the view that the prayer made by the petitioner should be allowed. Consequently, the writ petition is allowed and a writ of mandamus is issued to the Motor Accident Claims Tribunal, Almora to release the balance amount of Rs.2,46,500/- kept in FDR No. ‘239483’ along with the interest that has accrued thereon within two weeks from the date of presentation of a certified copy of this order. (Tarun Agarwala, J.) Dated 23.11.2010 Prabodh