IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.2396/2009 Date of Decision: 30.4.2009. Ramesh @ Balia ..........Petitioner. Versus Shish Pal and others ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. B.B.Sharma,Advocate for the petitioner. JASWANT SINGH,J(Oral). Present Revision Petition under Article 227 of the Constitution of India has been filed by the petitioner for setting aside the order dated 17.1.2009 (Annexure P2) passed by the learned Motor Accident Claims Tribunal, Karnal (for short Tribunal), whereby the application of the petitioner-claimant for releasing the remaining amount of compensation (lying deposited in Fixed Deposit Receipt) granted by the learned Tribunal vide its award dated 24.4.2008, on account of injuries suffered by him in a motor vehicular accident, has been rejected. The case of the petitioner is that on account of injuries suffered by him in a motor vehicular accident, the learned Tribunal had awarded him compensation to the tune of Rs.1,00,000/- alongwith interest @ 7% per annum and the total compensation worked out to be Rs.1,13,911/- out of which a sum of Rs.50,000/- was ordered to be paid in cash and the remaining amount of Rs.63,911/-was ordered to be deposited in a Nationalised Bank in Fixed Deposit Receipt. Learned counsel for the petitioner submits that the petitioner, who is a CR NO.2396/2009 2 poor agriculturist requires the remaining amount of compensation for purchase of a second hand tractor and the application moved by him in this regard has been wrongly rejected by the learned Tribunal vide the impugned order. Hence the present revision petition. Heard learned counsel for the petitioner and perused the record. Keeping in view the law laid down by the Hon'ble Supreme Court in H.S.Ahammed Hussain v. Irfan Ahammed, 2002(34) RCR (Civil) 563; I am of the considered opinion, that the learned Tribunal has erred in dismissing the application of the petitioner-claimant for releasing the remaining amount of compensation lying deposited in FDR. The Hon'ble Supreme Court in H.S.Ahammed Hussain's case (supra) has observed that deposit of compensation in Fixed Deposit Schemes is not proper in the case of adults and if invested in Fixed Deposit, it has to be withdrawn prematurely. In view of the aforesaid facts of the case and the legal position, this revision petition is allowed and the impugned order dated 17.1.2009 (Annexure P2) passed by the learned Tribunal is quashed and the remaining amount of Rs.63,911/- lying deposited in the FDRs alongwith interest is directed to be released to be petitioner-claimant. 30.4.2009. (Jaswant Singh) joshi Judge