CWP-3417/2010 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR. SB CIVIL WRIT PETITION NO.3417/2010 Daulat Ram & ors. Versus. The Motor Accident Claim Tribunal, Alwar & ors. DATE OF ORDER : 06/04/2010 HON'BLE MR. JUSTICE AJAY RASTOGI *** Mr. Sargam Jain, for petitioner. Joint writ petition has been filed assailing the order of the learned Tribunal whereby the application of the petitioners for releasing the amount of two FDRs amounting to Rs.50,000/- each, were rejected vide order dated 17/01/2010. It appears from the record that on account of death of their son in the accident took place on 27/08/2007 claim petition was filed by them and the learned Tribunal, after adjudication, allowed their claim petition vide award dt. 11/08/2009 and out of the amount of compensation, an amount of Rs. One Lac was deposited in two FDR of Rs. 50,000/- each for a period of three years in favour of both the petitioners. Application was filed by the petitioners jointly for release of both FDRs of Rs. 50,000/- each on the premise that mother of the deceased i.e. petitioner No.1 is on family way and they need money. A certificate of the doctor to this effect has also been placed CWP-3417/2010 2 before this Court for perusal that the petitioner No.2 is on family way. Since there is no dispute so far as the merits of the award is concerned and the money belongs to the petitioners, notices are not required to be issued to the respondents. In the facts and circumstances of the instant case, and taking into consideration the material on record, this Court considers it appropriate to grant permission for premature release of one of the FDR in the name of petitioner No.2 Smt. Maya Devi @ Mayawati. Accordingly, the writ petition is partly allowed. The order dated 07/01/2010 passed by the learned Tribunal is hereby quashed and set aside and the learned Tribunal is directed to grant permission to release one FDR of Rs. 50,000/- in the name of the petitioner NO.2 after complying with the due procedure provided under law. [AJAY RASTOGI], J. Raghu/p.2/ 3417-CW-2010-final.doc