CR No.2005 of 2010 (O&M) -1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CR No.2005 of 2010 (O&M) Date of Decision: 7.4.2010 Ranbir Singh and others .... Petitioners. Versus Karnail Singh and others ..... Respondents. CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN Present: Mr.Ashok Khungar, Advocate for Mr.R.S.Budhwar, Advocate for the petitioners. RAKESH KUMAR JAIN J. CM No.8664-CII of 2010 Allowed as prayed for. Affidavits of Ranbir Singh , Bimla Devi wife of Ranbir Singh and Savita alias Samita widow of Munish Kumar are taken on record. Main Case This revision petition is directed against the order dated 17.3.2010 (Annexure P-2) passed by learned Motor Accident Claims Tribunal, Kurukshetra whereby an application filed by the petitioners for releasing the amount deposited in the Fixed Deposit Receipts (for short `FDR'). This case is being disposed of without issuing notice to the respondents as the order being passed is not going to prejudice their rights in any case. Four claimants, namely, Savita alias Samita, Akshit (minor son of Munish Kumar), Bimla Devi and Ranbir Singh filed a claim petition CR No.2005 of 2010 (O&M) -2 - under Sections 166 and 140/141 of the Motor Vehicles Act, 1988 in respect of accidental death of Munish Kumar due to rash and negligent driving by Karnail singh (respondent No.1). The learned Tribunal allowed the claim petition and while deciding issue No.6 (relief) observed as under : “As a result of above discussion, present petition is accepted with costs and a sum of Rs.6,58,000/- is awarded as compensation on account of death of Munish, which shall be paid by respondents No.1 to 3 jointly and severally along with interest @ 7.5% per annum from the date of filing of petition till its realisation. It is ordered that out of the awarded amount of compensation, petitioner No.1 (widow) shall be entitled to receive 55% whereas 15% each shall go to petitioners No.2 to 4 (son and parents). It is further ordered that on realisation, out of the awarded amount of compensation, a sum of Rs.50,000/- shall be paid in cash to petitioner No.1 and a sum of Rs.20,000/- each shall be paid in cash to the petitioners No.3 and 4 to tide over the financial crisis whereas in view of the law laid down by Hon'ble Supreme Court of India in case Suraj Bhan versus Sat Pal Singh and others 1997(3) PLR 78 (SC) remaining amount of their share together with interest shall be deposited in their respect names in fixed deposit scheme of any nationalised bank fetching maximum interest for a period of three years. The entire amount of compensation of petitioner No.2 (minor) together with interest shall be deposited in his name in a fixed deposit scheme of any nationalised bank fetching maximum interest for the period till he attains the age CR No.2005 of 2010 (O&M) -3 - of majority.” On 12.3.2010 Ranbir Singh, Bimla and Savita @ Samita filed an application before the learned MACT, Kurukshetra seeking direction to Branch Manager, Union Bank of India, Kurukshetra to release the amount of FDR No.8549859 dated 6.8.2008 amounting to Rs.88,308/- in the name of petitioner Bimla Devi, FDR No.8549860 dated 6.8.2008 amounting to Rs.3,47,129/- in the name of Savita @ Samita and FDR No.8549858 dated 6.8.2008 amounting to Rs.88,308/- in the name of Ranbir Singh with interest upto date on the ground that applicants/petitioners wanted to purchase a plot at Shahabad and have entered into an agreement dated 5.3.2010 with Tilak Raj son of Sandhu Ram, resident of Mohalla Majri Shahabad and had already paid Rs.1,50,000/- towards earnest money and the remaining amount of sale consideration to the tune of Rs.5,67,250/- would be paid to the vendor before 5.4.2010. It was alleged that the petitioners require money for the said purpose but because of their meager sources, they are banking upon the amount deposited in the FDRs. The said application was partly allowed by the learned MACT, Kurukshetra vide his order dated 17.3.2010, which reads as under : “Report of the concerned Ahlmad received and perused. Application be registered. Statement of the applicants. As per applicant Savita alias Samita, the amount of award and her share was ordered to be deposited in FDR No.8549860 dated 6.8.2008, as per applicant Bimla, the amount of award and her share was ordered to be deposited in FDR No.8549859 dated 6.8.2008 and as per applicant Ranbir Singh, the amount of award and his share was CR No.2005 of 2010 (O&M) -4 - ordered to be deposited in FDR No.8549858 dated 6.8.2008 and the applicants need money for purchasing a plot. Heard. In view of the facts and circumstances and in the interest of justice, the 50% amount of abovesaid FDRs are ordered to be released to the applicants in their respective share and intimation in this regard be sent to Manager of the concerned bank accordingly. File be consigned to records after due compliance.” According to the above order, learned Court below had directed the release of 50% amount of FDRs though the amount required for the purpose of registration of sale deed is much more, therefore, the petitioners have knocked the door of this Court in which the prayer has been made that the entire amount may be ordered to be released. During the pendency of the revision petition, the petitioners had filed an application for placing on record agreement to sell from which it transpired that the sale deed was to be executed in the name of Ranbir Singh (father of the deceased). When the counsel for the petitioners was confronted with the fact that major chunk of amount belonged to the widow, namely, Savita @ Samita and the sale deed is being executed in favour of her father-in-law alone, another application bearing CM No.8664-CII of 2010 has been filed vide which three affidavits of Bimla Devi, Ranbir Singh and Savita @ Samita have been placed on record. The said application has been allowed by this Court vide order of even date and affidavits have been taken on the record. The sum and substance of the affidavits is that though the agreement to sell is in the name of Ranbir Singh but the sale deed is to be executed in the name of Savita @ Samita. CR No.2005 of 2010 (O&M) -5 - Keeping in view the totality of facts and circumstances, I am satisfied that interest of the widow is not being prejudiced and the petitioners are in genuine necessity of money for the purpose of execution of sale deed for which they have already paid a considerable amount of Rs.1,50,000/- towards earnest money. Thus, the revision petition deserves to be allowed because if the amount deposited in the FDR is not released to the petitioners then the earnest money would be forfeited by the vendor. In view of the above, the present revision petition is allowed and impugned order is further modified and a direction is issued to the MACT, Kurukshetra to release the entire amount forthwith deposited by way of FDR in the account of the present petitioners namely, Ranbir Singh, Bimla Devi and Savita @ Samita. (RAKESH KUMAR JAIN) 7.4.2010 JUDGE Meenu