IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR No.3860 of 2011 Date of decision: 03.06.2011. Neetu Devi ....................Petitioner v. Ramesh Kumar and others .....................Respondents Coram: Hon'ble Mr.Justice Jaswant Singh Present: Mr.Pankaj Mehta,Advocate for the petitioner. Jaswant Singh.J.(Oral) Kapil Dev Yadav, husband of the petitioner/claimant died in a motor vehicular accident. She alongwith her minor children filed a claim petition under Section 166 of the Motor Vehicles Act,1988. The said claim petition was decided by the Lok Adalat and the petitioner alongwith her minor children were awarded a total compensation of Rs.4,27,000/-, out of which the petitioner was held entitled to a share of Rs.1,77,000/-. Out of her share of Rs.1,77,000/- a sum of Rs.50,000/- was released in favour of the petitioner and the remaining amount of Rs.1,27,000/- was ordered to be deposited in FDR. It is stated that since the petitioner alongwith her minor children are living in a rented accommodation and want to construct a house of their own for which petitioner wanted the remaining amount of Rs.1,27,000/- lying deposited in her name in FDR and accordingly she moved an application before the learned Motor Accident Claims Tribunal,Hisar for release of the said amount. However, the learned MACT, Hisar, vide impugned order dated 15.4.2011 ordered the release of only Rs.27,000/-. Hence the present revision petition under Article 227 of the Constitution for the release of remaining amount of the FDR alongwith interest accrued thereon. It is stated that the after the death of the husband of the claimant/petitioner they are passing through hard days and living in a rented accommodation. It is further stated that the petitioner wants to construct a house of their own and besides that she also needs money for the studies of her minor children. It is further contended that in view of the fact, that the claimant/petitioner is a major, the order of deposit of her share of compensation in bank 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 a 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 passed dated 15.4.2011 passed by learned MACT,Hisar is modified to the extent that the entire amount of compensation falling to the share of the petitioner, who is a major,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. 03.06.2011 (Jaswant Singh) joshi Judge