bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4952 OF 2008 PETITION NO. 4952 OF 2008 PETITION NO. 4952 OF 2008 Smt.Rekha Balasaheb Desai & anr. ... Petitioners v/s Pushpadevi w/o Gopal & ors. ... Respondents Ms.Rashmi Gangwani i/by Mr.Ganesh Gole for the petitioners. Mr.Asif Patel, A.G.P. for respondent No.3. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 10TH OCTOBER, 2008 10TH OCTOBER, 2008 10TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petitioner seeks to challenge the order passed by the Motor Accident Claims Tribunal, Ichalkaranji in Misc. Application No.1 of 2007 arising out of Motor Accident Claim No.88 of 2005. 2. By the aforesaid application, the petitioners sought a direction that the amount deposited to the credit of petitioner No.2, i.e. the daughter of the accident victim should be paid over to her in its entirety. The 2 petitioners stated in their application that the premature withdrawal of the compensation was necessary in view of the fact that the expenses were incurred when petitioner No.2 got married. A loan of Rs.30,000/- had been obtained and a further amount of Rs.25,000/- was the expected expense for the delivery of the petitioner No.2’s child. 3. Admittedly, an amount of Rs.49,000/- had been deposited to the credit of petitioner No.2 after the award in Motor Accident Claims No.88 of 2005. An amount of Rs.30,000/- has also been paid to the mother of the accident victim. 4. Undoubtedly, petitioner No.2 is a major, who is married and is entitled to the amount lying to her credit. In my opinion, in these circumstances, there would be no difficulty in paying the entire amount lying to the credit of petitioner No.2 to her immediately without waiting for the maturity of the Term Deposit in State Bank of India. 5. The impugned order is set aside. 6. The writ petition is thus disposed of by directing the Motor Accident Claims Tribunal, Ichalkaranji, to pay 3 the amount lying to the credit of the petitioner No.2 forthwith, including the interest accrued upto that date on the Term Deposit. 8. The writ petition is disposed of accordingly.