C—78 3^'^TPTT3?T, »Tfly'IS,IsK'iK-iy LD- N|t<dl *MI+ ^O 2-' an^r TBW (1pf^a^T) 2007 311^1 ?)T R-fi+ w sn^r iti*i ^<iiw ^risa 3ii^i PETITIONERS/: (Appiteants) 1. 2. -V RESPONDENTS/: (Non-appiicants) 2. ^A/rit petition under Article: Sinale Bench: Hon'bli 30-1-2 Mrs. Renu Kochar, counsel fijir the petitioners. Heard. The petitioners, who are clai) under Article 227 of the Constitutior ^T4ld41;1 TTPR?f ^f.l^'^l' <Pn^i< ^? aifin ai^i Padmakar Bhivgade, S/o Late Shri P.S. Bhivgade, aged about 30 ysars. Kumari Padmini, D/o Late Shri P.S. Bhivgade, aged about 28 years. Both residents of Behind Bodh Vihar, Zone-1, B.M.Y. Charoda, Thana G.R.P. Chowki, Charoda, Tahsil Bhilai-3, District Durg (CG). ^rsus - Lalchand Gedam, S/o Shri D.D. Gedam, aged about 37 years, R/o Opposite Panchsheel Gurudwara, Behind Om S.T.D. BMY Charoda, Thana Purani Bhilai-3, Tahsil Bhilai- 3, District Durg (CG). Vehicle owner and driver of Vehicle No.MP-24/EC- 8586). rf The Manager, United Insurance Company Limited, Divisiona! Office, 11st Floor, Tara Complex, G.E. Road, Power House Bhilai, Tahsil and District Durg (CG). (Policy No. 190501/31/02/01797 valid up to 13.9.2003) (Insured vehicte No.MP- |27 of the Constitution of India} Mr. Justice L.C. Bhadoo |nants, have preferred this writ petition ) of India, questioning correctness and '-HC—78 s^w jev h-u* ^KH 5FfT^T ^r4 3^? "iii-iii^, ffTn+f'is, (si<'»iyy 2 _.....^,<&.1^.}^^.S 2007 srn^ 'WK (^Si^'va) WiTW ^lft?! 3D^( -20$7 disbosal compe|nsat legality of the order dated 22-6-20^)7 Accidents Claims Tribunal (F.T.C);. instead of allowing the petitioners) amount deposited the same in t^i withdrawal of Rs.50,000/- by each cjl Facts necessary for the petitioners, who are tegal heirs of death in an accident, flled a Motor Vehictes Act, 1988, and was awarded out of which Rs.1 ,i claimants immediately and remaf ordered to be deposited in an F.D| Indore. The petitioners herein mov|e< withdraw the entire amount as thi mamage. Vide the impugned withdrawal of Rs.50,000/- by each o|F Leamed counsel for the amount of compensation was requj of the petitioners. Perusal of the writ petiti<t)n unemployed orphans and unmarrietl. •earning from oth| amount of compensation is allowetl then hcw they will manage their re^t marriage has not been disputed by[ has also been annexed. cb1-4ld41;T 'W^if ^f.'fe'st' ^F'K-^K iTsiRiiran^r passed by the 12 Additiona! Motor ;.), Durg, whereby learned Tribunal to withdraw the entire compensation <e State Bank of Indore and atlowed laimant. of this writ petition are that the cjeceased P.S. Bhivgade, who met with Tipe|nsation case under Section 166 ofthe conlpensation to the tune of Rs.8,1 1,5287- ),000/- was ordered to be paid to the fning amount of Rs.7,36,834/- was |R. for five years in the State Bank of mov|ed an application for allcwing them to i^ said amount was required for their ^rder, learned Tribunal has allowed olftheclaimants. ijietitioners submitted that the entire red to incur expenses in the marriage shows that the petitioners are It has not been mentioned that the fer sources of income. If the entire to be withdrawn for their marriage, of the life is not known. Factum of Ithe Tribunal and a card to that effect S-HC—78 T5sr^TFn?pr, yTfly'ifi, Isirti'yy co .T:^.('c^<-02-^/ IVf^V -S^R •--^-••-••--'•••••••-^^'••--•••--•^2007 3D^?T 'qSRT (1i?f^5?) sf^i •w R-iH w an^T sb^i'sb Soma ^aiw ^iftd sn^i Looking to the social status there is no one to look after the Tribunal ought to have allowed w| Rs.50,000/-. Therefore, to that eX order impugned is modified to the altow each of the ctaimants to < atready incurred by them in their Consequently, I.A.No.1 starii t>fthe petitioners/claimants, as also that ^n and they are unemployed, leamed Ithdrawal of Rs.1 lakh each instead of (ent the writ petition is allowed and the extent that the learned Tribunal shall jtfithdraw Rs.1 lakh for the expenses m^mage. <;til^IdAi1*i 'RPRff ^f,fet3t <Pnt^R ^i'aifimsii^i 1s disposed of.