- 1 - HC-KAR NC: 2025:KHC-D:7935 WP No. 102478 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102478 OF 2025 (GM-AC) BETWEEN: SUKHDEV SINGH S/O. ISHWAR SINGH, AGE: 46 YEARS, OCC: EX. CLEANER, R/O. BADOLA, TQ: & DIST: JIND, STATE: HARYANA-126102. …PETITIONER (BY SRI. SUBHASH J. BADDI, ADVOCATE) AND: 1. MAHAVEER S/O. VEDPARAKSH, AGE: 35 YEARS, OCC: DRIVER OF LORRY NO.HR-55/K-0540, R/O. DAROLIKED, TQ: NARWAN, DIST: JINDA, STATE: HARYAN-126116. 2. THE MANAGER, CHETAK LOGISTICS LIMITED, A-13, SECTOR-11, DLF MATHUR ROAD, DIST: FARIDABAD, STATE: HARYAN-121003. 3. THE MANAGER, ICICI LOBARD GENERAL INSURANCE COMPANY LIMITED, DOUBLE ROAD, OPP. OLD BUS STAND, MAYURA COMPLEX, BELLARY-583101. …RESPONDENTS (BY SRI. S.S. GUNDI, ADVOCATE FOR R3; NOTICE TO R1 & R2 DISPENSED WITH) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7935 WP No. 102478 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER ON I.A. PASSED BY THE HON’BLE SENIOR CIVIL JUDGE AND CJM, KOPPAL IN MVC NO. 544/2012 DATED 0N 19.12.2024 VIDE ANNEXURE-E AND PERMIT THE PETITIONER TO WITHDRAW THE ENTIRE DEPOSITED AMOUNT, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) The present petition is filed by the petitioner, who is the claimant in MVC No.544 of 2012 for compensation in a Road Traffic Accident. The claim petition came to be allowed by the Tribunal and a direction was given to the respondents/Insurance Companies to deposit the compensation within three months from the date of the award. There was also an order for deposit of 50% of the compensation amount to be kept in fixed deposit in any of the Nationalised Bank. 2. Aggrieved by the inadequate compensation, claimant/petitioner had preferred an appeal in MFA No.102313 of 2016 (MV-I) for enhancement of compensation. The said appeal came to be allowed-in-part - 3 - HC-KAR NC: 2025:KHC-D:7935 WP No. 102478 of 2025 enhancing the compensation from Rs.3,85,463/- to Rs.6,43,020/- along with interest. Based on the enhancement of compensation, enhanced compensation amount came to be deposited by the Insurance Companies before the Tribunal. 3. Petitioner/claimant filed an application before the claims Tribunal for withdrawal of compensation amount kept in the form of fixed deposit. Objections were not raised for such withdrawal by any of the respondents. However, the Tribunal passed an order noticing the order of the High Court to deposit the amount for a period of three years. This Court in MFA.No.102313/2016 ordered to deposit the amount for a period of three years. Primarily, the Tribunal ought to have either allowed or rejected the application instead of reiterating the order passed by this Court in MFA.No.102313/2016. 4. In the first appeal, the compensation came to be enhanced in favour of the claimant and enhanced - 4 - HC-KAR NC: 2025:KHC-D:7935 WP No. 102478 of 2025 compensation was ordered to be deposited in the name of the claimant in any nationalized Bank for a period of three years. This order came to be passed on 27th day of October, 2022. Even considering the fact that it is ordered for three years, it would come to an end on 18th day of October, 2025. In claim petitions, withdrawal of amount deposited in fixed deposit, it is nothing but a matter of compensation to be paid to the victim or to the dependants of the deceased person, the fundamental requirement is to release of the amount timely in favour of the victim or legal representative of the deceased person. Therefore, it cannot be a straight jacket formula for the amount to be kept for certain period. If there is requirement for the petitioner for whatsoever reasons to withdraw the amount same should be considered pragmatically. Under the circumstances, the order does not reflect whether it is allowed or rejected. Therefore, application filed by the petitioner/claimant for release of the amount by issuance of cheque deposited by the - 5 - HC-KAR NC: 2025:KHC-D:7935 WP No. 102478 of 2025 Insurance Companies is allowed. The petitioner/claimant is permitted to withdraw the amount. 5. The Tribunal shall order for release of the fixed deposit amount lying in the Nationalized Bank in favour of the petitioner/claimant forthwith, which shall be transferred electronically. 6. Petitioner to furnish all necessary details of bank accounts, if already filed, same shall be released within four weeks from the date of receipt of copy of this order. With the above observation, petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 10