IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12640 of 2005 Rozaddin Mian, Son of Abdul Salam, Resident of Village-Mirjapur, P.O. Mirjapur, P.S. Marhourah, District-Saran. …Petitioner. Versus 1. The State of Bihar. 2. Branch Manager, Punjab National Bank, Branch, Sheoganj, P.S. Marhowrah, District-Saran. …Respondents. 3. 29.08.2011 Heard learned counsel for the petitioner and learned counsel for the respondents. 2. This writ petition has been filed for the following reliefs:- (i) To command and direct the Presiding Judge, Motor Vehicle Tribunal, Saran at Chapra to pass necessary order to release the amount of compensation in favour of petitioner that has been deposited in fixed account in the Bank Respondent No. 2 for 10 years so that the petitioner may start business to earn his livelihood. (ii) To command and direct the respondent No. 3 to release the amount deposited in the fixed account immediately after the order by respondent No. 2 is passed. (iii) To grant any other relief/reliefs to which the petitioner is entitled for. 3. It is not in dispute that in an accident of Maxi Taxi having Registration No. B.R.O.-4M-4485 on 02.10.1992, 2 petitioner sustained injury and his right arm was amputated due to which the petitioner became handicapped in earning his livelihood. Hence, he filed Claim Case No. 41 of 1992 in which the Motor Vehicle Tribunal by order dated 16.07.2002 granted an award of Rs. 1,00,000/- as compensation to him out of which 12,500/- had already been paid to the petitioner and the remaining amount of Rs. 87,500/- was to be paid. 4. It is also claimed that vide order dated 21.08.2004 (Annexure-1), the Motor Vehicle Claim Tribunal- Cum-A.D.J.-4, Saran at Chapra, passed an order that the said remaining amount of Rs. 87,500/- has to be kept in petitioner’s Account as fixed deposit for 10 years in the bank which could be withdrawn after 10 years with the permission of the tribunal. The amount was so deposited and in the meantime, interest was paid to the petitioner for the said amount which was deposited in fixed deposit account in Punjab National Bank, Mirjapur, Marhourah in the district of Saran, where it is still lying. 5. It is also claimed by the petitioner that the interest received by the petitioner is not sufficient to meet the requirements of petitioner’s family especially when he has become handicapped due to loss of his right hand and hence he wants to start a shop for his livelihood and for that purpose he filed an application dated 8.12.2004 before the Motor Vehicle Tribunal-Cum-A.D.J.-4, Chapra in the said Claim Case No. 41 of 1992 for the grant of permission to withdraw the principal 3 amount from the fixed deposit, but no order has been passed by the said authority on the said petition till date. 6. It is averred that petitioner was 19 year of age when the order was passed and when the accident had taken placed in the year 1992, and hence the petitioner must be now above 30 years of age and already 9 years have passed since the judgment of the tribunal dated 16.07.2002. In the said circumstances there appears to be no sense in keeping the money in the Bank and depriving the petitioner from the said amount which he urgently requires for opening the shop for his livelihood as he has no other source of income for his livelihood and the amount received as interest cannot be justifiably believed to be sufficient. 7. In the said circumstances, this writ petition is disposed of with a direction to the petitioner to approach the aforesaid Court along with a copy of this order as well as a copy of petition dated 08.12.2004. If the petitioner complies the said order, the Tribunal shall consider the same in accordance with law and shall decide the same by a speaking order within two months thereafter. Kamlesh (S.N. Hussain, J.)