i-!j|Ji •^.: •@ i ^\ •<-• HIGMCOURTOFCHHATTISGARH:BILASPUR Single Bench: Hon'ble Shri Dilip Raosaheb Deshmukh, J. CJvilRevisionNo.126of2007 ADDlicant Claimant Non-applicants PrahalajiSahu, Aged about32y€|ars, S/oLateHarakhRamSahu, R/o Viliage Chiwari, v P.0. Sim,Djstrict|Dhamtari, (CG) Versus 1. Jawahar Lal Sahu, S/o Dhanau Ram Sahu, R/oNearM.M.i.,jLalpur,Raipur,CG. (Driver of Indica Car bearing Re9d.No.CG.04-B.5108) 2. Anil KumarSingii, S/o Raman Singli, R/o VJHage Dum^r Tarai P.P. Devpuri^ T^isjl & District Raipur .•<CG).:..;.''''';l.;'.:sr^ (Owner of Indica Car bearing Regd.No.-CG.04-B.5108) 3. The New india (nsurance Company Ltd. Through Diviisional Managor Kutehery Chowk,fRaipur, DistrictRaipurCG. (insureroftndicalCarbeanng Regd. No.-CG.04-B.5108) Civji revjsionunder Section 115of CivilPrbcedure Code Present: Shri Satyendra Sahu, counseifGrtheap ORAL ORDER 1 (Passedon05.11.2007) i This civii revision is being disposed of finallyat the stage of admission. (2) The appticant is aggrieved by an orderdated 29/08/2007 passed by the' Principai Motor Accident Claim Tribunal, Raipur "^' I- 03) \ 'l'c' a^- i whereby the prayer for withdrawal bf maturod amount of fixed deposit forthe construction of his house was turned down. (3) An amount 6f Rs.1,67,428/- was deposited with the Oriental Bank of Commerce vide T.D.R/S.S.P.078698 on 26.4.2006. The m'aturity was on 26.4.2011. The ciaimant moyed an application before the M.A.C.T. for withdrawal on the ground that he required the amount for coffistruction of house. In support of the application, an affidavitwas fiied by theapplicants. The applicant was examined on oath by the learned M.A.C.T. Taking a hyper technical view, the M.A.C.T. turned down the prayer by the impugned order. (4) In a similar case, Nishar Ahmed Vs. Shatruahan Yadav & Others 2005 (1) C.G.L.J., 388, the ciaimanVapplicant was permitted to withdraw a sum of Rs.75,000/- from the fixed deposit. (5) Learned counsel for the appiicantsubmitted that the applfeant may be permitted to wifhdraw a sum of Rs.75,000/- of the fixed deposit, which wouid suffice for the purpose for which the prayer was made beforethe M.A.C.T. i (6) The prayer is justifie<d. It is ordered that the applicant/ciaimant shall be permitted to withdraw a sum of Rs.75,000/- from the fixed deposit mentiQned above. (7) With the above direction, this civil revision No.126/2007 stands disposed of. Sd/- Dilip Raosaheb Deshnwkh Judge {! ; Priyai "'N,