HIGH COURT OF CHHATTISGARH AT BILABPUR SB : HON’BLE SHRI JUSTICE PRI'I‘INKER DIWAKER “LP. ‘227! N0. 3990(2008 WRIT PETITION UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA Shn' Sanjay Agrawal, counsel for the petitioner. None for respondent No. 1. Shri S.S.Rajput, counsel for respondent No.2. oRAL ORDER (27.04.2009) ,With the consent of the panics, the matter 1's heard iinally. ‘ Challenge in the present writ petition is to the order ‘ dated 30.08.2007 passed by the I“ Additional Motor J PETITIONER Appiicant Smt. Hembai Jaisawal, Lats Shri Mahstmr Jaisawal, aged about 55 years, Village Paterapali, Thana Tahsil Saraypali, Distt. Versus RESPONDENTS Nowapimcam 1. Ramchaxan Ogare, S] Rmvishal Ogam, agcd about 28 years, R/o. Village Bashin, Thana Razim, Distt. Raipur (CG) ’ (Owner) 2. Bajaj Alians General Insuzance Company Lmt. Through Branch Manager, National Bajaj Alians General insurance Company Ltd. Shiv Mohan Bhawan Vidhan Sabha Road, Raipur Distt. Raipur Accident Claims Tribunal, Mahasamund whereby the application med by the pet'm‘oner for withdrawal of the amount had been rejected. Learned counsel for the petitioner submits that the peh‘u'oner 1's seeking withdrawal of amount for fepair of the vehicle of her son. Learned counsel for the respondent No.2 submits that arising out of the same award, an appeal has been preferred by the claimants as M.A.C. No; 612/2007 and the said. appeal is pending before this Court. According to him, if any amount is released, then the same may ah‘ect the ultimate result of the M.A.C. I have heard counsel for the lespective parh'es. This Court is of the considered opinion that the amount deposited as hxed cannot be released for the pumose of repair of the vehicle of the petitioner‘s son because the amount has been awarded to the widow and has been fixed for the benent of the widow, so that on the basis of the amount of interest, she can meet her day to day expenses. If the amount is released, the very purpose of depositing the same in hxed deposit would be hushated and therefore the Court below is justified in rejecting the applicau‘on as died by the petitioner, Moreover, another appeal is pending before this (301111: and there is no justihcation for releasing the amount in favour of the petitioner on the basis of the reason assigned by him. Considering the totality of the circumstance, the writ petition is dismissed, accordingly. f ,//<§a/ "' iwakel' Prit'mker D Judge