IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision : 12.10.2010 C.R.No.4931 of 2010 (O&M) Bharpur Singh ...Petitioner Versus Harinder Pal Singh and others ...Respondents CORAM: HON'BLE MR. JUSTICE HEMANT GUPTA Present : Mr. J.S.Cooner, Advocate, for the petitioner. HEMANT GUPTA, J. (Oral) The petitioner has sought release of the amount deposited by the Insurance Company ordered to be kept in fixed deposit as part of the compensation payable to the petitioner in terms of the Award dated 06.01.2009 passed by the learned Motor Accident Claims Tribunal. The learned Tribunal has allowed compensation of ` 4,07,000/- to the petitioner on account of injuries received by him in a motor vehicular accident. The learned Tribunal has ordered that an amount of ` 1,85,000/- to be deposited in a fixed deposit for a period of five years. In an appeal against the said Award, this Court has stayed the execution of the Award on deposit of 50% of the awarded amount before the learned Tribunal. Since 50% amount has been stayed by this Court, the learned Tribunal ordered to kept the pro-rate amount in a fixed deposit and thus, ` 89,366/- were kept in fixed deposit. It is admitted that an amount of ` 1,35,000/- has been released in cash. The Tribunal has also ordered release of ` 30,000/- out of the fixed C.R.No.4931 of 2010 (O&M) deposit. The petitioner has sought the release of the balance amount on account of advised surgery by relying upon certificate Annexure P-4. Consequently, I do not think that any case is made out for release of the entire amount. Since, substantial amount of compensation has been released to the petitioner in cash apart from ` 30,000/- ordered to be released now, I do not find that removal of implant for the knee requires the release of balance compensation amount as well. Dismissed. 12.10.2010 (HEMANT GUPTA) Vimal JUDGE 2