BEFORE THE DISTRICT JUDGE-CUM- FIRST MOTOR

ACCIDENT CLAIMS TRIBUNAL, JAGATSINGHP

MOTOR ACCIDENT CLAIM CASE No.1307/2014

1. Jyosnarani Padhi, aged about 37 years,
W/o- Late Prabhata@ Pravat Kumar Padhi
2. Priyadarshinee Padhi, aged about 15 years
D/o- Late Prabhata @ Pravat Kumar Padhi

Vil- Dhiapohal @Pohala, Po-Utatan, Ps- Gobindpur

Dist-Cuttack
At present- Vill- Tarada, Po-Mandasahi,
Ps/Dist- Jagatsinghpur, State-Odisha
Petitioners.

-Versus-

Sakuntala Sahoo
ENT CLA
O W/o.Sudarshan Sahoo, A/Po- Malipur,Adaspur
Ps-Olatpur, Dist-Cuttack.

The Divisional Manager,

NGHP
J A G A T IANC
S
M/s.Oriental Insurance Co.Ltd.
Bajrakabati Road, Cuttack

Opp.Par
26.12.2022
The petition dated 26.12.2022 filed by
about 45 ars,
petitioners 1. Jyoshnarani Padhi, aged
W/o. Late Pravat Kumar
Padhi 2. Piyadarshinee Padhi,

aged about 23 years D/o- Late Pravat Kumar Padhi ,

Both
 Po- Utaran, Ps- Govinapur,
ae of village - Dhiapohala,
for pre-mature
with an affidavit
Dist- Cuttack supported
amounts (which
withdrawal of their entire fixed deposit
in
the order of this Tribunal in this case)
Was kept as per
of petitioner
order to meet the marriage expenditures
Priyadarshinee Padhi is taken up into for consid.

for order.
is and thev are
The applicants are present
identified by their learmed counsel Sri P.R.Sahoo.
Heard from the learned counsel Sri P.R.Sahoo

and so also from the applicants.

On asking to the petitioner no.1 Jyos
Padhi, she stated before the Tribunal that, the marria
her daughter is going to be held on 22.01.2023 with one
Annada, S/o- Smt. Sasmita Pati and Sj. Pradipta Pati of
Chakeisiani, Rasulgarh, Bhubaneswar and at present
CC
there is no money with her to meet the marriage
expenditures of her daughter, for which, they
applied for withdrawal of their entire fixed
amounts to meet the marriage expenditures ot petit
no.2.
ATSINGAF

The law in respect of premature withdrawal of

the fixed deposit amount has already been settled in the
ratio of the following decisions.
 () 2007(1) OLR 377
Divisional Manager, The New
India Assurance
Company Ltd (Vrs) Jyotirmar
Ranu& 0thers that,

The
deposited money in a motor vehirilar
accidental claim case under fixed deposit exclusively
belongs to the depositor, if the same will not be spent
to met the urgent necessity of the depositor, then the
main purpose of awarding compensation in a motor

vehicular accidental claim case shall be frustrated."

is inherent aspect of r
When, marriage an

life and when, the petitioners have prayed for withdr:

to meet the
of their entire fixed deposits amounts
no.2 and when, it is
marriage expenditures of petitioner
of the
the settled propositions of law per the ratio
as

of the
decisions referred to Supra, if the deposited money
claim case will nc*
depositor in a motor accident
allowed to meet the urgent
necessities
of the depc.
purpose of awarding compensation
then, the main
for
ARSTMOTOp accident case shall be frustrate
ORACCI, DE motor vehicular
the petition for
siaie which, I found no justification to
disallow

amounts of
withdrawal of the fixed deposit
pre-mature

the petitioners.
Petitioner No.2 Priyadarshinee
Therefore,
1AGA withdraw her entire fixed deposit amou
is allowed to
and benefit
accrued interest
with its
Rs. 67,000/- along
there on.
 Petitioner No.1 Jyoshnarani Padhi is allowl to
withdraw a sum of Rs.5,00,000/- out of her fixed deposit
amount of Rs.6,00,000/

Hence, the petition dated 26.12.2022 filed

the h
petitioners is allowed in part.
The Branch Manager, UnionBa
Jagatsinghpur Branch is directed to allow the depositnrs
i.e.petitioner No.1 Jyosnarani Padhi to withdraw sum
of Rs.5,00,000/- out of her
fixed deposited amount of
Rs.6,00,000/- deposited vide Certificate No.743389 of
dtd. 10.04.2018.
Petitioner No.2 Priyadarshinee Padh
NI CLA
A C C I D E

withdraw her entire fixed

deposit amounts
Rs.67,000/- deposited in her name vide fixed De, "sit
Certificate No. 743391 dated 10.04.2018
along with its

8 accrued interest and benefits thereon, if both the

petitioners apply for the same by complying all the
I N I C

JAGATSIR
banking formalities for pre-mature withdrawal o'
aforesaid amounts.
The copy of this order be sent to the Bralil

Manager, Union Bank, Jagatsinghpur for information

and necessary compliance.
B.C. to carry out this order forthwith.
Dictated

Sd-Shri A.K.Chandan 26.12

Ist MACTJagatsinghpur
 Memo No. 26.12.2022
Copy of order dated 26.12.2022 passed
MAC No. 1307/2014 by this Tribunal is forwarded to

the Branch Manager, Union Bank, Jagatsinghpur,

action.
Branch information and necessary

A C C I D E

OTOR
LAIM
Ist MACT,Jagatsinghpur.

INGH

AGA