SBCWP NO.6921/07 1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR O R D E R S.B. CIVIL WRIT PETITION NO.6921/2007 Smt.Santosh Devi Vs. Vishnu Dutt Sharma & Ors. Date of order : 20/12/2007. HON'BLE MR.JUSTICE MOHAMMAD RAFIQ Shri Pradeep Pathak for the petitioner. Shri Virendra Agrawal for the respondents. *** BY THE COURT :- This writ petition has been filed by the claimant-petitioner challenging the order dated 4/8/2007 passed by MACT Jaipur. The said Tribunal dismissed the application submitted by the petitioner for premature release of the F.D.R. on the ground of marriage of her daughters. The Tribunal awarded a total claim of Rs.4,29,000/- in favour of the claimant- petitioner out of which Rs.50,000/- was paid to her as no fault liability and remaining amount of Rs.3,79,000/- was directed to be paid to the petitioner along with interest 6% p.a. from the date of filing of SBCWP NO.6921/07 2 the claim petition. The Tribunal directed that Rs.54,000/- be deposited in the account of the claimant petitioner and Rs.50,000/- each be deposited in four F.D.Rs. for a period of 3 years, 5 years, 10 years and 15 years, respectively. Apart from that, a sum of Rs.25,000/- was also ordered to be paid in FDRs of each Kumari Raju Kanwar and Kumari Pushpa Kanwar for a period of 5 years. It was also directed that an amount of Rs.25,000/- shall continue to be deposited in the account of Kumari Renu Kanwar, Kumari Usha Kanwar and Master Rahul till their attaining the age of maturity. Two daughters of petitioner, Kumari Raju Kanwar @ Raj Kumari and Kumari Pushpa Kanwar @ Prem Kanwar have now attained the age of maturity and their marriage was fixed on 12/7/2007 but the petitioner is not having funds to arrange their marriage. The petitioner filed the application for the premature release of the FDRs but the learned Tribunal rejected the same by the impugned order. Having heard learned counsel for the parties and perused the material on record, I deem it appropriate to allow this writ petition. In the result, the writ petition is allowed. It is, therefore, directed that two F.D.Rs. each of Rs.50,000/- be released in favour of the SBCWP NO.6921/07 3 claimant-petitioner. The respondent No.10, the Oriental Bank of Commerce is directed to make payment of two F.D.Rs. bearing Nos.20370462 in A/c.No.01033011013416 and 20370462 in A/c. No.01033011013409 in the name of petitioner in Claim Case No.990/2004 (5231/2002) (Smt.Santosh Devi and ors. Vs. Vishnu Dutt Sharma) at premature stage on production of certified copy of this order in view of the fact that marriage of petitioner's daughters are going to be solemnized shortly. (MOHAMMAD RAFIQ), J. anil