Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: Misc DJ No.559/26
Kaveri Parjapati and Ors. Vs. Surender Yadav and Ors.
13.04.2026
This is an application for premature release of balance
compensation amount. It be checked and registered as a miscellaneous
case.
Present : Smt. Kaveri Prajapati, applicant in person.
Report is received from UCO Bank regarding the outstanding
amount of Smt. Kaveri Prajapati.
Record is perused.
It is stated in the application that the applicant requires the
balance amount for purchase of residence.
The Tribunal is conscious of the provisions of Rule 27 of the
Delhi Motor Accidents Claims Tribunal Rules, 2008, which envisage
disbursement of compensation in a phased manner to ensure its
judicious and prudent utilization by the claimants. However, the said
provision is intended for the benefit of the claimant and cannot be
construed as a restriction on the claimant’s autonomy in dealing with
her own compensation amount.
The compensation amount belongs to the claimant, and it is her
prerogative to seek lumpsum release of the same.
The Tribunal has counseled the applicant and has advised her
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not to withdraw the entire balance compensation amount since she
may face financial difficulty in the future for her livelihood. She has
stated that she will take up a job for maintaining herself.
The Tribunal cannot impose its own opinion as to how the
claimant should utilize her money. In the present case, the
applicant has sought premature release of the entire amount which
should not be denied.
Accordingly, the application is allowed.
It is directed that the entire FDRs alongwith up-to-date interest
of Smt. Kaveri Prajapati be released to her.
A copy of this order be given dasti to the applicant for providing
it to the concerned Bank Manager for necessary compliance.
File be consigned to the record room.
(Shirish Aggarwal)
Judge/ PO, MACT-01
New Delhi, 13.04.2026
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