[2025:RJ-JP:28777] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No.14614/2021 1. Smt. Mehmood Bano W/o Late Husain Ali Khan @ Hasan Khan, R/o Beswa, Tehsil Fatehpur, District Sikar 2. Saddam Khan S/o Late Husain Ali Khan @ Hasan Khan (Since Deceased), R/o Beswa, Tehsil Fatehpur, District Sikar 3. Asif Khan S/o Late Husain Ali Khan @ Hasan Khan, Minor Through His Mother And Natural Guardian Smt. Mehmood Bano R/o Beswa, Tehsil Fatehpur, District Sikar ----Petitioners Versus 1. Jagdish S/o Shrawan Kumar, R/o Diloi Police Station Bisau, Tehsil And District Jhunjhunu Driver Vehicle Bolero No. Rj.10.t.0369 2. Mahesh Kumar S/o Bhanwarlal, R/o Diloi, Tehsil And District Jhunjhunu - Registered Owner Vehicle Bolero No. Rj.10.t.0369 3. United India Insurance Company Limited, Through Manager, Branch Office Sikar - Insurance Company Of Vehicle Bolero No. Rj.10.t.0369 ----Respondents For Petitioner(s) : Mr. Ripu Daman Singh Naruka For Respondent(s) : Ms. Khushboo Sharma for Ms. Archana Mantri JUSTICE ANOOP KUMAR DHAND Order 29/07/2025 1. By way of filing this writ petition, a challenge has been led to the impugned order dated 28.10.2021 passed by Motor Accident Claims Tribunal, Sikar (hereinafter referred to as “the Tribunal”). [2025:RJ-JP:28777] (2 of 3) [CW-14614/2021] 2. By passing the impugned order dated 28.10.2021, the Tribunal has rejected the application submitted by the petitioner for pre-mature release of the amount deposited in the Fixed Deposit. 3. Learned counsel for the petitioners submits that the husband of the petitioner No.1 died in a road accident for which a claim petition under Section 166 of the Motor Vehicles Act, 1988 was submitted before the Tribunal by the petitioner No.1 along-with her minor sons. Learned counsel submits that the claim petition submitted by the petitioners was allowed and a sum of Rs.4,00,000/- was ordered to be deposited in the name of petitioner No.1 for Fixed Deposit and a sum of Rs.2,00,000/- and Rs.3,00,000/- in the name of petitioner Nos.2 and 3 respectively, was ordered to be deposited for Fixed Deposit, till they attained the age of 21 years. Learned counsel submits that elder son of the petitioner No.1, i.e., Saddam Khan has expired on 01.03.2020 and huge expenses have been incurred on his treatment, and now money is required for payment of dues to those persons from whom the money was borrowed. 4. Per contra, learned counsel for the respondents has no objection, if order is passed in this regard. 5. Heard and considered the submissions made at the Bar and perused the material available on record. 6. Considering the arguments put forward by learned counsel for the petitioners and looking to the fact that the elder son of the petitioner No.2-Saddam Khan has expired on account of prolonged ailment on 01.03.2020 and obviously certain expenses might have been incurred by the petitioner No.1 in his treatment. [2025:RJ-JP:28777] (3 of 3) [CW-14614/2021] 7. In view of the above factual aspect of the matter, this Court deems it just and proper to partly allow this writ petition and set- aside the order passed by the Tribunal. The Tribunal is directed to release 40% of the amount of the Fixed Deposit in favour of the petitioner along-with interest which has accrued till date. Rest of the amount shall remain deposited in the Fixed Deposit in terms of the order passed by the Tribunal. 8. All pending applications (if any) stand disposed of. (ANOOP KUMAR DHAND),J Karan/105