Savitri Devi v. Sohan Singh & Ors.

Delhi High Court · 15 Jan 2014 · 2014:DHC:233
Suresh Kait
CM(M) 1252/2013
2014:DHC:233
civil petition_allowed

AI Summary

The Delhi High Court allowed the widow's petition to release Rs. 8,00,000 from compensation funds held in Fixed Deposit Receipts following a Tribunal award.

Full Text
Translation output
CM(M) 1252/2013
HIGH COURT OF DELHI
JUDGMENT
delivered on: 15th January, 2014
CM(M) 1252/2013
SAVITRI DEVI ..... Petitioner Represented by: Mr.Sunil Kumar Verma, Advocate with Petitioner in person.
Versus
SOHAN SINGH & ORS. ..... Respondents Represented by: Mr.Pankaj Seth, Advocate for
Respondent No.3/Insurance Company.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J. . (Oral)
CM No.........../2013 [(to be numbered) for exemption]
Exemptions allowed, subject to all just exceptions.
The application stands disposed of.

1. Notice issued.

2. Mr.Pankaj Seth, learned counsel accepts notice on behalf of the respondent No.3/Insurance Company.

3. Vide the instant petition, the petitioner is seeking withdrawal/release of the amount lying in the form of FDR in her favour.

4. For the aforesaid purpose, an application was moved by the petitioner before the learned Tribunal, however, the same was dismissed vide order dated 10.10.2013. 2014:DHC:233

5. Being aggrieved with the said order, the petitioner has filed the present petition before this Court.

6. Learned counsel appearing on behalf of the petitioner submitted that vide order dated 08.01.2013, while awarding compensation for a sum of Rs.39,16,000/- along with interest at the rate of 7.5% per annum in favour of the claimants, the learned Tribunal has apportioned 35% of the total compensation in favour of the petitioner, who is widow of the deceased.

7. He further submitted that 10% thereof was released in her saving bank account to be opened in State Bank of India, Dwarka Courts, New Delhi and the balance compensation amount was directed to be kept in the form of FDRs.

8. Keeping in view the averments made in the instant petition and the submissions made by learned counsel for the petitioner, the Branch Manager of State Bank of India, Dwarka Courts, New Delhi is directed to release a sum of Rs.8,00,000/- (Rs.Eight Lakhs only) from the FDRs, as noted in para 6 of the present petition, in favour of the petitioner on taking necessary steps by her.

9. In view of the above, this petition is allowed.

10. A copy of this order be given dasti to the learned counsel for the parties.

11. The Registry of this Court is directed to send a copy of this order to the Branch Manager of the aforementioned Bank for compliance.

SURESH KAIT, J. JANUARY 15, 2014 sb