// 1 // IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR ORDER IN S.B. Civil Writ Petition No.9451/2008 Bhoma Ram S/o Shri Manphool Versus Motor Accident Claims Tribunal, Bandikui and Others Date of Order ::: 08.09.2008 Present Hon'ble Mr. Justice Narendra Kumar Jain Shri K.N. Sharma, Counsel for petitioner #### By the Court:- Heard learned counsel for the petitioner. This writ petition, on behalf of the petitioner, is directed against the impugned order dated 5th July, 2008, passed by the Motor Accident Claims Tribunal, Bandikui, District Dausa, rejecting his application to encash the FDR and for payment in cash. As per the averments made in the writ petition, the Claim Petition of the petitioner was allowed and a sum of Rs.74,450/- was awarded as compensation. Rs.25,000/- were awarded as interim compensation and, out of remaining amount of Rs.49,450/-, a sum of Rs.14,450/- was paid in cash and remaining amount of Rs.35,000/- was deposited in the // 2 // fixed deposit. The petitioner moved an application for encashment of the FDR on the ground that he is ill, therefore, the said amount is required for his treatment. The matter was fixed for producing medical- certificate but, on that date, the medical- certificate was not produced and thereafter he changed his ground for encashment of the FDR and took another ground that he is in need of money for marriage purpose. The trial court rejected the application on the ground that he has changed the reason for encashment of FDR, therefore, the reason does not appear to be bona-fide. I have considered the reasons assigned by the learned trial court for rejecting the application in the light of the submissions made by the learned counsel for the petitioner and I do not find any jurisdictional error in the impugned order so as to interfere with the same under Article 227 of the Constitution. There is no merit in this writ petition and the same is accordingly dismissed in limine. (Narendra Kumar Jain) J. //Jaiman//