C/SCA/12289/2026(GJHC240625432026) ORDER DATED: 27/08/2026 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 12289 of 2026 ========================================================== VARSHABEN NARENDRASINH THAKOR & ANR. Versus MANAGER, INDIAN BANK, MODASA BRANCH & ANR. ========================================================== Appearance: NISHIT A BHALODI(9597) for the Petitioner(s) No. 1,2 ========================================================== CORAM:HONOURABLE MR.JUSTICE MOOL CHAND TYAGI Date : 27/08/2026 ORAL ORDER 1. Draft Amendment is allowed. The same be carried out forthwith. 2. The captioned petition is filed against the impugned order dated 18.07.2026 passed by the learned Motor Accident Claims Tribunal, Nadiad in MACMA No.1238/2026, whereby the learned Tribunal has rejected the application filed on behalf of the petitioner/claimants for premature encashment of FDRs. 3. Heard learned counsel for the petitioners. 4. Learned counsel for the petitioners submitted that the petitioners herein are in dire need of money to meet their finances. He further submitted that an application preferred before the learned Tribunal with a similar prayer was rejected by citing that the petitioners have failed to show any proper reason for withdrawal and further opined that the compensation awarded by the learned Tribunal ought not be misappropriated as the same is awarded keeping in mind the long term C/SCA/12289/2026(GJHC240625432026) ORDER DATED: 27/08/2026 benefit of the claimant/s. He further submitted that the need of the claimants is genuine, therefore, the learned Tribunal ought to have allowed the application preferred by the petitioners. 5. Having considered the submission of the learned counsel for the petitioners and having gone through the record, I am of the considered view that the learned Tribunal ought to have appreciated the need of the claimants. Thus, in view of the dire need of the petitioners and in view of the ratio of the judgment rendered by the Hon’ble Apex Court in the case of A.V Padma and Others v. R. Venugopal and Ors. reported in (2012) 3 SCC 378, the instant petition deserves to be allowed. Accordingly, petitioners are permitted to withdraw their share of the awarded amount lying deposited in the FDR with interest accrued thereon. 6. In view thereof, the captioned petition stands disposed of. (MOOL CHAND TYAGI, J) GIRISH Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: PARMAR GIRISH KANTILAL(HC00954), Principal Pvt Secretary, at High Court of Gujarat on 31/08/2026 11:22:49