[2025:RJ-JP:49088] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 15085/2025 Sampat Bai W/o Late Shri Dayaram @ Guddu, aged about 28 Years, R/o- Kalam Ka Kua, PS Anantpura, District Kota (Rajasthan) ----Petitioner Versus 1. Rameshchand S/o Ghansi Lal, aged about 54 Years, R/o- Amarhedi, PS Deoli Manjhi, Tehsil Sangod, District Kota (Rajasthan) (Driver Tractor Number-Rro 4198) 2. Ghansilal S/o Sukhlal, aged about 90 Years, R/o- Amarhedi, PS Deoli Manjhi, Tehsil Sangod, District Kota (Rajasthan) (Owner Tractor Number-Rro 4198) 3. National Insurance Co Ltd., Division Office 9 A B, Jhalawar Road, Kota (Insurer Tractor Rro 4198) 4. Ratanlal S/o Shri Narayan, aged about 60 Years, R/o- Kalam Ka Kua, PS Anantpura, District Kota (Rajasthan) 5. Shrimati Leelabai W/o Ratanlal, aged about 55 Years, R/o Kalam Ka Kua, PS Anantpura, District Kota (Rajasthan) ----Respondents For Petitioner(s) : Mr. Ajay Singh Mr. Manish Singh For Respondent(s) : Mr. Praveen Kumar Jain with Mr. Avinash Dhanju HON'BLE MR. JUSTICE SANDEEP TANEJA Order 03/12/2025 1. This writ petition has been filed by the petitioner challenging the order dated 17.01.2025 (Annexure 5) passed by the Motor Accident Claim Tribunal No.2, Kota (hereinafter to be referred as ‘Tribunal), whereby the application filed by the petitioner for pre-mature release of the balance amount of Rs.3,00,000/- lying in FDR has been dismissed. [2025:RJ-JP:49088] (2 of 3) [CW-15085/2025] 2. Brief facts of the case are that the petitioner had filed a claim petition before the Tribunal seeking compensation on account of death of her husband namely Late Shri Dayaram @ Guddu. The Tribunal vide order dated 25.09.2019 partly allowed the claim application and passed an award to the tune of Rs.12,61,456/- in favour of the petitioner and respondent Nos.5 and 6. Out of the said awarded amount, the Tribunal directed to deposit a sum of Rs.6,00,000/- in 2 FDRs of Rs.3,00,000/- each for 4 years and 8 years respectively. The said amount was deposited in FDR Nos.597602 & 597603 respectively with Syndicate Bank, Nayapura Kota. 3. It is submitted by learned counsel for the petitioner that this Court vide order dated 02.02.2023 passed in S.B. Civil Writ Petition No.13991/2022 (Sampat Bai Vs. Rameshchand and Ors.), taking into consideration the fact that the petitioner was in need of money for repayment of her loan, issued a direction to the Tribunal for pre-mature release of FDR No.597602 of Syndicate Bank, Nayapura Kota in favour of the petitioner. 4. Learned counsel for the petitioner further submits that now petitioner is in the need of the balance amount for repayment of balance loan amount and therefore, Tribunal be directed to release the FDR No.597603 of Syndicate Bank, Nayapura Kota in favour of the petitioner. 5. Learned counsel for the respondent-Insurance Company has no serious objection to the submissions made by learned counsel for the petitioner. 6. Heard counsel for the parties and perused the record. [2025:RJ-JP:49088] (3 of 3) [CW-15085/2025] 7. Considering the facts and circumstances of the present case and also the fact that the petitioner is a major lady and there is no other claimant of this amount and further that the petitioner is in need of money for repayment of her loan, this Court deems it just and proper to allow this writ petition. 8. In view of the above, the present writ petition filed by the petitioner is allowed and the order dated 17.01.2025 passed by the Tribunal is hereby quashed and set aside. The Tribunal is directed to ensure the premature release of the amount pertaining to FDR No.597603 lying with Syndicate Bank, Nayapura, Kota in favour of the petitioner. 9. Pending application(s), if any, stands disposed of. (SANDEEP TANEJA),J AVINASH GULERIA /11