IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. CR NO.3109/2009 Date of Decision: 27.5.2009. Smt.Savitri Devi and another ..........Petitioners. Versus Motor Accident Claims Tribunal,Karnal and another ..........Respondents CORAM: HON'BLE MR.JUSTICE JASWANT SINGH. Present: Mr. Ashish Gupta,Advocate for the petitioners. JASWANT SINGH,J(Oral). Present Revision Petition under Article 227 of the Constitution of India has been filed by the petitioners for modifying the order dated 19.9.2008 (Annexure P1) passed by the learned Motor Accident Claims Tribunal, Karnal (for short Tribunal), ordering partial release of compensation lying deposited in FDRS in their names. Petitioner no.1 is widow and petitioner no.2 is son of deceased Dharampal. He died in a motor vehicular accident. In the claim petition filed by petitioners under Section 166 of the Motor Vehicles Act,1988 alongwith others, the petitioners were awarded a sum of Rs.2,87,450/- and Rs.1,00,000/- respectively. The said amount is lying deposited in FDRs in Oriental Bank of Commerce, Sector 12,Karnal. Further, the case of the petitioners is that while petitioner no.1 requires money for extensive repairs of her dilapidated house, her son Sandeep Kumar, who is major requires money for his further studies. In order to arrange for funds for the CR NO.3109/2009 2 aforesaid purposes, they moved an application before the learned Tribunal for releasing their entire share which is lying deposited in the FDRs. However, vide impugned order dated 19.9.2008 the learned Tribunal released a sum of Rs.1,13,934/- and Rs.59,213/- alongwith interest in their respective favours, which is inadequate for the purpose for which it was withdrawn. Learned counsel for the petitioners submits that since both the petitioners are major and require remaining amount of compensation awarded to them for bona fide purposes, explained above, the learned Tribunal erred in partly releasing the compensation. In support of the same he relies upon H.S.Ahammed Hussain v. Irfan Ahammed, 2002(34) RCR (Civil) 563. Both the petitioners are stated to be major. While petitioner no.1 requires money for extensive repairs of her house petitioner no.2 requires money for further studies. 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in Fixed Deposit Schemes is not proper in the case of adults and if invested in Fixed Deposit, it has to be withdrawn prematurely.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 19.9.2008(Annexure P1) passed by the learned Tribunal is modified to the extent that the entire amount alongwith interest lying deposited in FDRs in the names of the petitioners Smt. Savitri Devi and Sandeep Kumar, be released to them. 27.5.2009. (Jaswant Singh) joshi Judge