CR No.4585/2011 1 IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.4585/2011 Date of decision: 29.07.2011. Chiria ....................Petitioner v. Baljeet Singh and another .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Amit Singla,Advocate for the petitioner. Jaswant Singh.J.(Oral) Claimant-applicant/petitioner has filed the instant revision petition under Article 227 of the Constitution of India assailing the order dated 1.6.2011 (P3) passed by learned Motor Accident Claims Tribunal, Hisar whereby her application for encashment of FDR No.EM/COMC/C No.043263 dated 17.5.2011, has been dismissed. Petitioner is mother of late Krishan, who died in a motor vehicular accident that took place on 1.3.2009. Following his death, petitioner alongwith her daughter-in-law and grand children filed claim petition which was allowed by the learned Motor Accident Claims Tribunal vide award dated 5.1.2011 and a total compensation of Rs.6,68,000/- was awarded. Out of the total amount, petitioner was CR No.4585/2011 2 held entitled to 5% of the awarded amount. She was paid a sum of Rs.10,000/- in cash and remaining amount was ordered to be deposited in her in name in Fixed Deposit Receipt in any nationalised bank. Vide her application dated 19.5.2011, petitioner approached the learned MACT, Hisar for release of the amount lying deposited in her name in FDR on the ground that she is an aged lady of more than 80 years of age and suffering from various age related diseases and requires the money for her treatment. However, that application was dismissed by the learned MACT, Hisar vide impugned order dated 1.6.2011. Hence the present revision petition. It is submitted by the learned counsel that the petitioner is more than 80 years of age; (ii) her need for the money, as spelt out in the application dated 19.5.2011 is genuine; and deposit of her share of compensation in bank by way of FDR is illegal in view of the law laid down by Hon'ble the Supreme Court in H.S.Ahammed Hussain v. Irfan Ahammed, 2002(3) RCR (Civil) 563, wherein it has been held that the amount payable to an adult cannot be directed to be kept in fixed deposit. Heard learned counsel for the petitioner and perused the paper book. Keeping in view the enunciation of law as referred to above and further coupled with the need of the petitioner as detailed hereinabove, the impugned order dated 1.6.2011 passed by learned MACT,Hisar is modified to the extent that the entire amount of CR No.4585/2011 3 compensation falling to the share of the petitioner, who is an old lady,shall be paid in cash to her instead of keeping the same in a fixed deposit. This order is being passed without issuing notice to the respondents, as no relief has been sought against them. Disposed of in the above terms. 29.07.2011 (Jaswant Singh) joshi Judge