IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.2721 of 2009 Date of Decision:14.5.2009. Smt.Gajna and others ..........Petitioners. Versus Presiding Officer,Motor Accident Claims Tribunal,Faridabad ..........Respondent CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr.Gautam Dutt,Advocate for the petitioners. JASWANT SINGH,J(Oral). It is averred that the petitioners, who are major, being the widow, son and mother of deceased Jai Singh, were awarded Rs.1,34,966/-, Rs.43,190/- and Rs.1,02,574/- (all amounts include interest) respectively by the learned Motor Accident Claims Tribunal, in MACT Petition No.(RBT) 130 dated 12.9.2008/2.1.2008 decided on 6.10.2008, on account of death of deceased Jai Singh in a motor vehicular accident. The compensation so awarded was ordered to be deposited in Fixed Deposits in a nationalised bank. The FDRs so made in favour of the petitioners have not yet matured. Present Revision Petition under Article 227 of the Constitution of India has been filed by the petitioners seeking premature release of compensation awarded to them. It is stated that petitioner no.1 requires money for repaying the loan taken by her for performing last rites of her deceased husband; litigation expenses and for purchase of a buffallo; petitioner no.2 is stated to be in need of money to set up his own business; while petitioner no.2 requires money for treatment of Asthma. Before approaching this Court, the petitioners had moved an appropriate application before the learned Motor Accident Claims Tribunal, Faridabad. The said application was allowed by the learned Tribunal vide order dated 18.4.2009 and a sum of CR NO.2721 of 2009 2 Rs.10,000/- each was ordered to be released to the petitioners out of their respective shares lying deposited in the shape of FDRs. Learned counsel for the petitioners states that the amount so released by the learned Tribunal is insufficient. Prayer has been made to release their entire share so that they may utilise the same to meet their urgent financial needs. In support of his prayer, reliance has been placed upon Nazar Mohammad v. Harbans Singh, The Punjab Law Reporter (2006-2) 818; Mohinder Singh and others v. Kulbir Singh and others, The Punjab Law Reporter (2008-3) 736; H.S.Ahammed Hussain v. Irfan Ahammed, 2002(34) RCR (Civil) 563; and General Manager, Kerala State Road Transport Corporation, Trivandrum V. Susamma Thomas (Mrs.) and others, (1994-2) 107 PLR 1. The Hon'ble Supreme Court in H.S.Ahammed Hussain's case (supra) has observed that deposit of compensation in Fixed Deposit Schemes is not proper in the case of adults and if invested in Fixed Deposit, it has to be withdrawn prematurely. Further, the Hon'ble Apex Court in General Manager, Kerala State Road Transport's case (supra) has laid down guidelines stating that in case of personal injuries for further treatment the necessary amounts from the FDRs should be permitted to be withdrawn. In Nazar Mohammad's and Mohinder Singh's case (supra) in similar circumstances the Courts have directed the release of the remaining amount of compensation which was lying deposited in the FDRs. In view of the aforesaid facts of the case and the legal position, this revision petition is allowed and the impugned orders dated 18.4.2009(Annexure P1) passed by the learned Tribunal is modified and the remaining amount of compensation lying deposited in the FDRs alongwith interest is directed to be released to be petitioners-claimants. 14.5.2009. (Jaswant Singh) joshi Judge