IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 1708 of 2009 (M/S) [ Smt. Chhindo Bai W/o late Ram Singh R/o Village Barhaini, Tehsil Bajpur, District Udham Singh Nagar. ...…………. Petitioner Versus 1. Motor Accident Claim Tribunal / District Judge, Udham Singh Nagar. 2. Jaspal Singh S/o Ranjit Singh R/o Village Bandia, Tehsil Kiccha District Udham Singh Nagar. 3. The Oriental Insurance Company Ltd. through Divisional Manager, Haldwani, Nainital. ...………… Respondents Mr. Vishwa Deepak Bisen, Advocate for the petitioner. Hon’ble Prafulla C. Pant, J. Heard learned counsel for the petitioner. 2) By means of this writ petition, moved under Article 226 read with Article 227 of the Constitution of India, the petitioner has sought writ in the nature of certiorari, quashing the order dated 26.08.2008, passed by Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar, in Misc. (Release) Case No. 34 of 2009, whereby the said Tribunal has rejected the application for release of Rs. 70,000/- deposited in 2 favour of the petitioner under order dated 01.08.2006, passed by the Tribunal in M.A.C.P. Case No. 223 of 2004. 3) Learned counsel for the petitioner submitted that petitioner is a widowed lady in whose family the bread earner Ram Singh (husband of the petitioner) died. The claim petition was filed by the petitioner and her five minor children. The Tribunal vide its order dated 01.08.2006, passed in M.A.C.P. Case No. 223 of 2004, awarded Rs. 4,15,000/- as compensation, out of which Rs. 60,000/- were kept in fixed deposit in favour of each of the claimants No. 2 to 6 (minor children of the deceased). Out of the remaining sum, an amount of Rs. 70,000/- were directed to be kept in fixed deposit for five years, payable to the widow (present petitioner). Learned counsel for the petitioner submitted that the family is in a dire need of the money at this stage and atleast Rs. 70,000/-, which are deposited in favour of the petitioner (widow of the deceased) in fixed deposit should be released in her favour so that she may meet the daily expenses and educate the children till they attain age of majority. In the above circumstances, the prayer of the petitioner (widow of the deceased) appears to be genuine and it is too harsh not to release even the amount which is not to be paid to the minors. 3 4) Therefore, this writ petition is allowed. The impugned order dated 26.08.2009, passed on Application 4-C, in Misc. (Release) Application No. 34 of 2009, passed by the Motor Accident Claims Tribunal / District Judge, Udham Singh Nagar, is quashed. Said application shall stand allowed. The Tribunal shall release the amount of Rs. 70,000/- deposited in the fixed deposit in favour of the petitioner. (Interim Relief Application No. 8652 of 2009 also stands disposed of). [ (Prafulla C. Pant, J.) [ Dt. October 08, 2009. H. Negi