IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.2193/2011 Date of decision: 30.3.2011 Jogi Ram ....................Petitioner v. Harbir and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Arun Sharma,Advocate for Mr.Roopak Bansal,Advocate for the petitioner. Jaswant Singh.J.(Oral) Claimant/petitioner has filed the instant revision petition under Article 227 of the Constitution against the order dated 22.3.2011 passed by learned Motor Accident Claims Tribunal, Gurgaon, whereby his application for release of remaining compensation amount awarded to him on account of death of his unmarried son in a motor vehicular accident has been declined. It is submitted that another son of the petitioner has been falsely involved by the police in FIR No.70 dated 14.2.2011 under Sections 398/401 IPC, PS Sector 10-A Gurgaon and FIR No.594 dated 13.11.2009 under Section 379 IPC, PS City Gurgaon and in order to engage a suitable criminal lawyer, the petitioner is in dire need of money. It is thus contended that learned MACT Gurgaon has wrongly declined the prayer of the petitioner for release of remaining compensation amount to him for the said purpose. After hearing the learned counsel for the claimant/petitioner I am of the opinion that the prayer made is liable to be accepted in view of the law laid down by Hon'ble the Supreme Court in H.S.Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil)563, wherein it has been opined that the amount payable to an adult cannot be directed to be kept in fixed deposit. Keeping in view the enunciation of law as referred to above, the impugned order dated 22.3.2011 (P2) passed by learned Motor Accident Claims Tribunal, Gurgaon is set aside and it is directed that the amount deposited in FDRs in MACT Case No.155 of 23.11.2009, decided on 1.10.2010, be released to the petitioner. This order is being passed without issuing any notice to the respondents as no relief has been sought against them. Disposed of. 30.3.2011 (Jaswant Singh) joshi Judge