Civil Revision No.3571 of 2010 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:-30.6.2010 Smt.Rekha and others ...Petitioners Versus Motor Accident Claims Tribunal and another ...Respondents CORUM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR Present:- Mr.Vikas Lochab, Advocate for the petitioners. M ehinder S ingh S ullar , J. (Oral) The matrix of the facts, relevant for disposal of the present revision petition and emanating from the record, is that in the wake of award of Motor Accident Claims Tribunal, Gurgaon (for short “MACT”), (Annexure P2), the amount of compensation was disbursed to the claimants in the following manner:- “Out of the awarded amount, a sum of Rs.1,00,000/- each shall be paid to minor claimants no.2 to 6, Rs.78,000/- to claimant no.7 the mother and remaining Rs.2,00,000/- to claimant no.1, the widow of the deceased with proportionate interest. Out of the share of claimants no.1 & 7, 25% shall be paid in cash and remaining 75% shall be deposited in some fixed deposit scheme fetching maximum rate of interest in a nationalized bank for a period of three years. Whole amount of the minors i.e. claimants no.2 to 6 shall also be deposited in some fixed deposit scheme fetching maximum rate of interest in a nationalized bank and they shall be entitled to withdraw the same on attaining majority.” 2. The petitioners moved an application for release of the amount Civil Revision No.3571 of 2010 2 deposited in fixed deposit scheme, which was declined by the MACT, vide impugned order dated 15.4.2010 (Annexure P1). 3. The petitioners did not feel satisfied with the impugned order and filed the present revision petition. 4. Having heard the learned counsel for the petitioners, having gone through the record and after bestowal of thoughts over the entire matter, to my mind, the present revision petition deserves to be accepted. 5. As is evident from the record, the amount of compensation of the petitioners has already been deposited in the bank. Petitioner Rekha claimed that she requires the amount to maintain and edcuate five minor children and all of them are school going. Smt.Sharda Devi, mother-in-law of petitioner, is also living with her. She is having a large family to maintain. As the petitioners have no other source of income, so they are facing very hard days due to their economic condition. It was claimed that the amount is required for the maintenance and education of their children and petitioners urgently need the money for curing her stone disease. 6. In this view of the matter, if the petitioners require the amount for indicated purposes, then it would be expedient in the interest of justice to release the amount of compensation to enable them to maintain and educate the children and to have treatment of stone disease. All these aspects have not been considered by the MACT while deciding their application, vide impugned order (Annexure P1). Thus, the same cannot possibly be sustained. 7. Be that as it may, since the petitioners did not produce any cogent material with the petition in regard to their requirement of the amount, so, I am of the view that it would be appropriate to remit the matter Civil Revision No.3571 of 2010 3 back to the MACT. 8. In the light of the aforesaid reasons, the present revision petition is accepted, the impugned order (Annexure P1) is set aside and the matter is remitted back to the MACT, Gurgaon to re-consider afresh. The petitioners would produce the evidence to prove their requirement of the amount for their maintenance, education of the children and the medical expenses. After considering the evidence, the MACT would release the amount of compensation to the extent of their genuine requirement in this relevant connection. 9. The petitioners through their counsel are directed to appear before the MACT Gurgaon on 16.7.2010. Keeping into consideration the urgency of the matter, the MACT, Gurgaon is directed to decide the same within two weeks thereafter positively. 10. The revision petition is disposed of accordingly. (Mehinder Singh Sullar) 30.6.2010 Judge AS