C.R. No. 5010 of 2008 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No. 5010 of 2008 (O&M) Date of decision: 26.2.2009 Gurcharan Singh .. Petitioner v. Indal Mukhia and others .. Respondents CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. R. K. Rana, Advocate for the petitioner. Mr. Sushil Bhardwaj, Advocate for respondents No. 1 and 2. Mr. Vinod Mahendru, Advocate for respondent No. 3. ... .. Rajesh Bindal J. Challenge in the present petition is to the order dated 26.8.2008, passed by the learned Motor Accident Claims Tribunal, Ambala, whereby the prayer of the petitioner for release of FDR dated 3.6.2008 for an amount of Rs. 55,750/- lying deposited in the name of the petitioner, has been rejected. Briefly, the facts are that the petitioner met with an accident on 14.6.2006, in which his both legs were fractured. He was operated upon at Government Medical College and Hospital, Chandigarh. Plates and inter-locking nails were inserted in his both legs. In a petition filed for claiming compensation, vide award dated 5.3.2008, the petitioner was awarded a sum of Rs. 1,00,000/- as compensation along with interest @ 7.5% per annum. Out of the aforesaid amount, Rs. 45,000/- were directed to be released to the petitioner and the balance was directed to be deposited in FDR, which is now sought to be encashed. Learned counsel for the petitioner submitted that as the petitioner had to undergo operation for which he spent huge money and is still undergoing treatment and there was loss of earning during the aforesaid period accordingly, the balance amount lying in the FDR be also directed to be released. After hearing learned counsel for the parties, I find merit in the submissions made by learned counsel for the petitioner. He is a major, who had suffered fracture in both the legs and had to be hospitalised for 15 days for putting plates and inter-locking nails in his both legs. C.R. No. 5010 of 2008 [2] Considering the above facts, in my opinion, the balance amount lying deposited in the FDR in the name of the petitioner with Bank of India, New Grain Market, Ambala City also deserves to be released. In view of the above, the impugned order is set aside and the application of the petitioner for release of amount kept in FDR is allowed. The bank is directed to release the amount to the petitioner on pre-mature encashment of the FDR, if approached. The revision petition is disposed of in the manner indicated above. (Rajesh Bindal) Judge 26.2.2009 mk