Civil Revision No. 1999 of 2008 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.1999 of 2008 Date of Decision: May 13, 2008 Pawan Kumar .....Petitioner VERSUS Sanjay Kumar and Another .....Respondents CORAM: HON'BLE MR JUSTICE T.P.S.MANN PRESENT: Mr Anurag Chopra, Advocate for the petitioner. Mr Nirmal Mittal, Advocate for respondent No.2. T.P.S .MANN, J. (Oral): Prayer has been made for releasing the remaining amount of compensation, which has been granted to the petitioner by learned Motor Accidents Claims Tribunal, Ambala vide its award dated 12.9.2006. It is submitted that 50% of the amount has already been received by the petitioner in cash, while the remaining is lying deposited in his name in an FDR for a period of five years. The latter amount is required by the petitioner for the purposes of undergoing another operation for the fracture suffered by him, which has not united by now. Learned counsel has submitted that the petitioner is a grown up person and no useful purpose would be served by keeping the remaining amount in fixed deposit. In this regard, he has placed reliance upon H.S.Ahammad Hussain vs Irfan Ahammad, 2002 (3) RCR Civil Revision No. 1999 of 2008 -2- (Civil) 563 (SC), wherein it was held that the amounts of compensation awarded in favour of the adults, should not be kept in fixed deposit and in case the amounts had already been invested by depositing in a nationalized bank, it may be withdrawn prematurely in case the claimants so desire. The plea raised by the petitioner has not been opposed by learned counsel appearing for the Insurance Company. In view of the above and taking into consideration the observations made by the Hon'ble Supreme Court in H.S.Ahammad Hussain 's case (supra), the revision is allowed. Order passed by learned Motor Accidents Claims Tribunal, Ambala dated 15.1.2008 while declining the request of the petitioner for releasing the amount of the FDR is set aside. The entire remaining amount, along with up to-date interest shall be paid to the petitioner, after getting FDR No.6319004 dated 5.12.2006 issued by Bank of India, Railway Road, Ambala City prematurely withdrawn. (T.P.S.MANN) May 13, 2008. JUDGE Pds