- 1 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103152 OF 2025 (GM-AC) BETWEEN: 1. SMT. RATNAMMA W/O. ANURAJAPPA, AGE: 41 YEARS, OCC: HOUSEHOLD WORK, R/O. SADAPUR VILLAGE OF SHIKARIPURA TALUKA, DIST: SHIVAMOGGA-577428. 2. SRI. ANURAJAPPA S/O. REVANEPPA, AGE: 46 YEARS, OCC: NIL, R/O. SADAPUR VILLAGE OF SHIKARIPURA TALUKA, DIST: SHIVAMOGGA-577428. 3. KUM LOKESH A.H. ANURAJAPPA, AGE: 21 YEARS, OCC: NIL, R/O. SADAPUR VILLAGE OF SHIKARIPURA TALUKA, DIST: SHIVAMOGGA-577428. …PETITIONERS (BY SRI. VIJAYKUMAR KOTIN, ADVOCATE) AND: 1. SMT. SUMA C. W/O. LOKESH S.K., AGE: MAJOR, OCC: TRANSPORT BUSINESS, R/O. SIRI NILAYA, 1ST STAGE, 6TH CROSS, VINOBA NAGAR, SHIVAMOGGA-577201, (OWNER OF THE VEHICLE PRIVATE BUS BEARING REG NO.KA-38/6762) 2. THE DIVISIONAL MANAGER, NEW INDIA ASSURANCE CO. LTD., A.M. ARCADA NEAR-VIDYURTHI BHAVAN, VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 C.G. HOSPITAL ROAD, DAVANAGERE-577001, (INSURER OF THE VEHICLE PRIVATE BUS BEARING REG NO.KA -38/6762, POLICY NO.68010031190100004865 VALID FROM 29.5.2019 TO 28.5.2020) 3. THE BRANCH MANAGER, NEW INDIA ASSURANCE CO. LTD., BALAJI COMMERCIAL COMPLEX, ASHOK NAGAR, RANEBENNUR, DIST: HAVERI-581115. …RESPONDENTS (BY SRI. S.V. YAJI, ADVOCATE FOR R2 & R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 13.1.2025 IN MVC NO.81/2020 ON THE FILE OF THE I ADDL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR VIDE ANNEXURE-D AND CONSEQUENTLY TO ALLOW THE APPLICATION FOR RELEASE OF PREMATURE FD AMOUNT IN THE INTEREST OF JUSTICE AND ETC. 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) 1. Heard learned counsel Sri.Vijayakumar Kottin for petitioners and Sri.S.V.Yaji, learned counsel for respondent Nos.2 and 3. With consent of both parties, the matter is taken up for final disposal. - 3 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 2. The petitioners are claimants who have filed a claim petition before the Motor Accident Claims Tribunal, Ranebennur for claiming compensation for the death of one Sri.Kantesh A.H., who is none other than the son of petitioners Nos. 1 and 2 and brother of petitioner No.3. The said petition came to be allowed. The petitioner Nos. 1 and 2 were awarded 40% compensation each and petitioner No. 3 was awarded 20% compensation. The Tribunal ordered for deposit of 50% to be invested in fixed deposit in the respective names of the claimants for a period of 5 years and 50% was ordered to be withdrawn. The petitioners and the Insurance Company challenged the said award before this Court. The Division Bench of this Court by an order dated 08.08.2022 partly allowed the appeal, reduced the interest component and out of the compensation amount, 60% of the amount was ordered to be withdrawn in favour of the petitioners-claimants and 40% to be deposited in the Nationalized Bank for a period of 5 years in the name of the claimants. Claimants are - 4 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 before this Court seeking permission of this Court to withdraw the amount ordered to be deposited that is 40% respectively in the name of the petitioners. 3. The Petitioners filed an application before the Tribunal seeking for release of the deposited amount in their favour, which came to be rejected by the Tribunal. Hence, petitioners approached this Court. In case of petitioners that the amount of 60% has already been withdrawn, 40% has deposited by way of the directions passed by the Division Bench of this Court, which is legally entitled to be released in favour of petitioners. It is the case of petitioners that the amount is required urgently as petitioner No.3 has got married and he has incurred expenditure. Hence, he had to borrow hand loans from relatives and friends to perform his marriage. In fact, petitioner No.3 has filed an application for release of the amount prior to his marriage. But, the application for withdrawal of the amount came to be dismissed on the ground that the Division Bench of this Court had ordered - 5 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 that amount shall be deposited in any nationalized bank for 5 years. 4. It is the contention of the learned counsel for the petitioners that though there is a direction for deposit of the FD amount for a period of 5 years, there is no bar for making an application and seeking for release of the amount prior to the said period, in view of certain exigencies and urgent requirement of finance to the petitioners. Hence, they seek to allow the petition and to set aside the order passed by the Tribunal and permit them to withdraw the amount in their favour. 5. Learned counsel Sri. S.V.Yaji appearing for the respondents does not have much objection as the Insurance Company has already fulfilled its obligation of deposit of the amount. 6. Having heard learned counsel for the petitioners and learned counsel for the respondents, it is not in dispute that from the total amount of entitlement to the petitioners 60% is already withdrawn, 40% of the amount - 6 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 is lying in FD account as ordered by the Division Bench of the this Court. The amount is legally due to the petitioners on the unfortunate death of Sri.Kantesh A.H. Presently, the deposited amount is required for meeting the financial expenditure of petitioner No.3, who has undergone marriage and having incurred heavy loan for performance of his marriage, and so also the petitioner Nos.1 and 2. Under these circumstances, this Court is of the opinion that the amount kept in Fixed Deposit be released respectively in the names of each of the petitioners and there is no bar for the release of this amount. Therefore, I pass the following: ORDER i) Petition is allowed. ii) Impugned order dated 13.01.2025 in MVC No.81 of 2020 on the file of I Additional Senior Civil Judge and JMFC, Ranebennur is hereby set aside. Consequently, the - 7 - HC-KAR NC: 2025:KHC-D:7359 WP No. 103152 of 2025 application filed by the petitioners under Section 151 of CPC for withdrawal of the FD amount deposited in the respective names of the petitioners is allowed. iii) The amount so deposited in the names of the petitioners respectively shall be released along with interest in favour of the petitioners forthwith. iv) Petitioners shall furnish their bank accounts details along with IFSC code for proper identification and based on which, the Tribunal shall transfer the amount by way of electronic transfer to their respective bank accounts. Sd/- (PRADEEP SINGH YERUR) JUDGE VB/CT-MCK/List No.: 1 Sl No.: 43