IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Review Application No.769/09 Delay Condonation Appln. No.8814/09 IN Appeal Against Order No.489 of 2006 Dharam Singh Kashyap & others …… Appellants Versus New India Assurance Co. Ltd. & another …Respondents Dated: November 23, 2009 Coram: Hon’ble Tarun Agarwala, ACJ. Hon’ble Dharam Veer, J. Hon’ble Tarun Agarwala, ACJ. (Oral) Mr. Narendra Bali, Adv. for the applicants- appellants. Mr. M.K. Goyal, Advocate for the respondent no.1. Perused the delay condonation application supported by affidavit. Grounds stated in the affidavit are satisfactory. Delay condonation application is allowed. Delay in filing the review application is condoned. Review Application No.769/09 The present review application has been filed praying that the appellant Nos.2 & 3 may be permitted to withdraw the amount which has been kept in the FDR pursuant to the orders of the Tribunal. It transpires that the claim application of the appellants was allowed and a sum of Rs.1,35,000/- was awarded as compensation out of which Rs.40,000/- in the name of Km. Alka and another Rs.40,000/- in the name of Km. Anju was kept in the Fixed Deposit by the order of the Tribunal. The appellants filed an appeal before this Court for enhancement which was allowed by a judgment dated 10.1.2008. This Court enhanced the compensation to Rs.2,25,000/- and awarded interest @7% per annum. The Court also directed the insurance company to deposit the enhanced amount before the Tribunal. It transpires that the enhanced amount was also deposited which was kept in the Fixed Deposit. It further transpires that the appellants Alka and Anju have attained the age of majority and also have got married and accordingly they moved an application before the Tribunal for the withdrawal of the amount which was kept in their names in the Fixed Deposit. This application was rejected by the Tribunal by an order dated 1.6.2009, against which, the appellants preferred a Writ Petition No.1307 of 2009 which was dismissed as withdrawn with a liberty to the petitioners to file an appropriate application before this Court and, that is how the matter has been placed before us. Having considered the matter and having heard the learned counsel for the parties and in view of the fact that the appellants Alka and Anju have attained the age of majority and have also married, the Court finds that it will be just and proper if the amount already deposited by the Tribunal in fixed deposits in the name of the appellants is released. Accordingly, we allow the application and direct the Tribunal to release the amount along with the interest accrued thereon as on date in favour of the appellants Alka and Anju which have been fixed in their names within two weeks from the date of presentation of certified copy of this order. (Dharam Veer, J.) (Tarun Agarwala, ACJ.) 23.11.2009 Rdang