(^[A3p(^ <oe2.Gzf^,ooyr) H1GH COURT OF CHHATT1SGARH AT BILASPUR Civil Revision (P.R.) No.2404/2007 Single Bench: Hon'ble Shri Diiip Raosaheb Deshmukh, 3. 1. Smt. Durgesh Nandini Sahu, W/o Shri Ashwsni Kumar Sahu, aged about36years, 2. Ashwini Kumar Sahu S/o Late Ganesh Ram Sahu, aaed about 41 yeare, Soth residents of - Veer Sawarkar Nagar,. Hirapur, Raipur, Tehsil and Dlst,"ct-Raipui-(C.G.) 2. 1. Pankaj Das @ Pikku, S/o Shri Natwarial, aged about 21 years, Occupation- Vehicie Driver, Resident of Pandri, District Raipur Vimal Kumar Agrawai, S'o Onkarma! Agrawal, aged about 50 years, Oc'cupation- Director of Vimai Trading Company, R/o- Civil Lines, Raipur, District-Raipur (C.G.) 'he New India insurance Company Lmited, through Divisional Manager, Divislonai Office, Kutchery Chowk, Raipur, District Raipur (C.G.) LC. Preserst:- Shri Shivendu Pandya, counsel for the applicant. >RAL_' (Passedon 10-10-2007) Heard on appiication for converting ths instant cjvi! revision into Writ Petition (C) under Articte 227 ofthe Constitution of 'india. Learned counsel for the appiscant submitted that he has aiready filed ,'rit petition along with this app!ication. vi- ••^:-•^.-.^-^^ ^.^u:^ ?E T-" ^Ss-K' 1SS^^-'-'.: f .^•l-i^^^'^-rf=FgUBll-^-=.^_; ^ Tumsns The application is allowed. Register as Writ Petition (Civii). by an order dated 13-04-2007 passed Cialms Tribunai, F.T.C., Raipur (Jn short for permission to withdraw the amount of case No.67 of 200i The petitioners are ag< by 14 Additional Motor Accidents "MACT") whereby an application fixed deposit Rs.1,20,000/- was n irief facts are t'nat in ciai 20-09-2005 was passed wherein compensation of Rs.1,60.000/- was av/arded. Out of this compensation, Rs.40,000/- was paid in cash to the petitioners and the remaining amount of Rs.1,20,000/- was ordered to be deposited in fixed deposit for flve years. On 25-01-2007, the petitioners moved an appiication before the MACT praying that they required the amount of fixed deposit of Rs.1,20,000/- to meet out the expenses to be incurred in the construction of the house. in support of this appiication, the petltioners filed an affidavit and also an estimate of expenses to be incurred in the construction of house. The EWACT rejected the prayer purely on a technicai view. There was nothing to disbelieve the version of the petitioners that they required the amount for construction of house. In this view of the matter, the impugned order passed by the MACT is iabie to be set aside. In the result, the petition is aiiowed. it is ordered that the amount of fixed deposit of Rs.1,20,000^- aiong with interest accrued thereon shail be paid to the petitioners. Certified copy as per ruies. Sd-/ Dilip Raosaheb Deshmukh Judge gliiiasin—