IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** 122 CR-3595-2026 (O&M) Date of Decision.:12.05.2026 Pinki Kumari @ Pinki …..Pe22oner Vs. Rohit @ Vikal and Others .….Respondents CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA Present:- Mr. Ashish Gupta, Advocate for the peoner. **** DEEPAK GUPTA, J. (ORAL) CM-9637-CII-2026: This is an applicaon under Secon 151 CPC to place on record wedding invitaon, photographs and bank statement as Annexure P- 4 to P-6. Allowed. Annexure P-4 to P-6 are taken on record. Main case.: One Suresh Kumar lost his life in a motor vehicular accident which occurred on 08.05.2020. His widow, daughter and son instuted a claim peon under Secon 166 of the Motor Vehicles Act seeking compensaon on account of his unmely death. Learned Motor Accident Claims Tribunal vide award dated 07.04.2025 awarded compensaon of ₹15,40,800/- along with interest @ 9% per annum from the date of filing of the claim peon ll actual realizaon. The compensaon amount was directed to be shared equally amongst the three claimants. 2. The learned Tribunal further directed that out of the compensaon amount, each claimant would be released ₹1,00,000/- in NEETIKA TUTEJA 2026.05.13 17:28 I attest to the accuracy and integrity of this document CR-3595-2026 (O&M) cash and the remaining amount falling to their respecve shares would be kept in fixed deposits in a naonalized bank for a period of two years in a scheme fetching maximum rate of interest. It was also directed that no loan or advance shall be permi=ed against the said FDRs, though the claimants were permi=ed to withdraw quarterly interest accrued thereupon. 3. Subsequently, all the three claimants moved an applicaon before the learned Tribunal seeking premature encashment of the FDRs issued in their favour. As per the record, the FDR standing in the name of claimant Geeta Devi is for an amount of ₹7,23,820/-, the FDR in the name of claimant Pinki Kumari is for ₹7,24,534/- and the FDR in favour of claimant Harish is for ₹7,23,820/-. The maturity date of the FDR in the name of Pinki is 10.09.2027 and other FDRs is 17.09.2027. 4. In the said applicaon, it was specifically pleaded that the family was facing acute financial hardship. It was averred that substanal loans had been raised on interest for solemnizaon of the marriage of claimant Pinki Kumari and further that the residenal house of the family had suffered damage requiring urgent repairs. It was, therefore, prayed that the claimants be permi=ed to withdraw the FDR amounts prematurely to meet the pressing financial needs. 5. Learned Tribunal, however, vide impugned order dated 04.04.2026 dismissed the applicaon primarily on the ground that permiCng premature withdrawal of the amount would amount to review of the original award. 6. Aggrieved against the aforesaid order, claimant Pinki Kumari has approached this Court by way of present peon, impleading the remaining claimants as proforma respondents. Prayer has been made for seCng aside the impugned order and for permiCng premature withdrawal of the amount lying in the FDRs. Page No. 2 of 5 Pages NEETIKA TUTEJA 2026.05.13 17:28 I attest to the accuracy and integrity of this document CR-3595-2026 (O&M) 7. Learned counsel appearing on behalf of the peoner has contended that the Tribunal adopted an unduly technical approach while rejecng the applicaon. It is argued that once the compensaon amount belongs to the claimants, the Court cannot compel adult claimants to indefinitely retain the enre amount in fixed deposits irrespecve of their genuine financial requirements. It is further submi=ed that refusal to release the amount despite compelling circumstances defeats the very object of awarding compensaon under the Motor Vehicles Act, which is intended to provide immediate financial relief to the dependents of the deceased. 8. A=enon of the Court has also been drawn to the material placed on record to substanate the financial hardship pleaded by the claimants. It has been pointed out that marriage of peoner Pinki Kumari was solemnized on 02.05.2026. Documents placed on record further reveal that a loan amounng to approximately ₹3,60,000/- had been raised by proforma respondent Harish. Photographs showing damage to the residenal house have also been placed on record. 9. Having heard learned counsel for the peoner and upon perusal of the record, this Court finds merit in the present peon. 10. It is well se=led that the purpose behind direcng deposit of compensaon amount in fixed deposits is to safeguard the interests of the claimants and to ensure that the amount is not fri=ered away or misulized. However, such protecve direcons cannot be interpreted so rigidly as to deprive the claimants of access to their own money even in situaons of genuine and pressing necessity. 11. The learned Tribunal appears to have proceeded on an erroneous assumpon that permiCng premature withdrawal of the amount would amount to review of the original award. The said reasoning Page No. 3 of 5 Pages NEETIKA TUTEJA 2026.05.13 17:28 I attest to the accuracy and integrity of this document CR-3595-2026 (O&M) cannot be sustained. Modificaon of the mode of disbursement of compensaon on account of subsequent circumstances or genuine financial hardship does not amount to review of the award on merits. The Tribunal retains jurisdicon to issue appropriate direcons regarding release of compensaon amount in order to advance the ends of jusce. 12. In the present case, the claimants are adult family members of the deceased. The material placed on record sufficiently demonstrates that the family has already incurred substanal financial liability for solemnizaon of marriage of claimant Pinki Kumari and is also required to undertake repairs of the damaged residenal house. In such circumstances, insistence upon retaining the enre amount in fixed deposits ll September, 2027 would cause undue hardship and would frustrate the beneficial object underlying the compensaon awarded under the Motor Vehicles Act. 13. At the same me, this Court is conscious of the fact that the compensaon amount is intended to provide long-term financial security to the dependents of the deceased. Therefore, a balanced approach is required so that immediate financial needs are addressed without completely exhausng the amount kept in fixed deposits. 14. Consequently, the present peon is partly allowed. The impugned order dated 04.04.2026 is set aside to the limited extent indicated hereinbelow. 15. The peoner and proforma respondent Nos.4 and 5 are permi=ed to prematurely withdraw a collecve amount of ₹5,00,000/- from the FDRs standing in their respecve names. The said amount shall be released proporonately in equal shares from all the three FDRs, i.e. approximately ₹1,66,667/- from each FDR. 16. Accordingly, the Manager of the concerned Bank is directed to permit the peoner and proforma respondents to withdraw the aforesaid Page No. 4 of 5 Pages NEETIKA TUTEJA 2026.05.13 17:28 I attest to the accuracy and integrity of this document CR-3595-2026 (O&M) amount from their respecve FDRs in equal proporon, while the remaining amount shall connue to remain invested in terms of the award passed by the learned Tribunal. 17. Disposed of accordingly. 18. Pending miscellaneous applicaon(s), if any, shall also stand disposed of. (DEEPAK GUPTA) JUDGE May 12, 2026 Neeka Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No Page No. 5 of 5 Pages NEETIKA TUTEJA 2026.05.13 17:28 I attest to the accuracy and integrity of this document