Civil Revision No. 6317 of 2011 1 .. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 6317 of 2011 (O&M) Date of Decision: October 17th, 2011 Brij Mohan .... Petitioner Versus Presiding Officer and others .... Respondents CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK Present Mr. R.K.Agnihotri, Advocate, for the petitioner. VIJENDER SINGH MALIK, J. Brij Mohan, petitioner has questioned the illegality of the order dated 27.8.2011 (Annexure P1) passed by Motor Accidents Claims Tribunal, Karnal (for short, “the Tribunal”), vide which his application for release of amount of compensation, lying deposited by way of a FDR with Oriental Bank of Commerce, Sector 12, Karnal, has been dismissed. Brij Mohan had brought a claim petition under the provisions of Section 163-A of Motor Vehicles Act, 1988. Award was passed in his favour and in satisfaction of that award, the awarded money was deposited with the Tribunal. Out of that amount, a sum of Rs. 1.00 lakh was released in cash and the remaining amount was deposited by way of fixed deposit with Civil Revision No. 6317 of 2011 2 .. Oriental Bank of Commerce, Sector 12, Karnal. Brij Mohan had applied to the Tribunal for premature release of the amount lying in the said FDR on the pleas that he required the said money to pay back the debts, he had incurred during his treatment as also to pay earnest money for entering into an agreement of sale. Learned Tribunal has dismissed the application for the reason that no documentary evidence had been placed on record by the petitioner to support his pleas. It has also taken note of the fact that a sum of Rs. 1.00 lakh had already been released in cash in his favour. The compensation amount was to be safeguarded in cases of widows and other persons, who were under some disability and so, unable to safeguard the same. In the case in hand, the petitioner is claimant himself, who had suffered injuries and had undergone treatment. He is in a position to intelligently invest his money and get better returns than the interest accrued in fixed deposit. The application of this nature should be dismissed only when the Tribunal finds the application to have not been voluntarily made by the claimant or that he was under some compulsion for moving the same. Nothing such appears in this case. In these circumstances, accepting the revision petition, I set aside the impugned order and order premature release of the amount of the FDR to the petitioner, for which the Tribunal would Civil Revision No. 6317 of 2011 3 .. issue necessary instructions to the Oriental Bank of Commerce, Sector 12, Karnal. (VIJENDER SINGH MALIK) JUDGE October 17th, 2011 som