Withdrawl of Compensation on maturity (kept in FD)
Kiran Waikar
(Querist) 18 December 2008
This query is : Resolved
In a compensation matter, the Hon'ble Court was pleased to pass orders granting compensation amount and kept it in Fixed Deposit in the name of minor child and the matter got disposed off in 2000. This matter was represented by an Advocate earlier. Now the F.D. got matured and the minor child has also become major and wants to withdraw the amount. For this purpose now the client has engaged another Advocate. Now the Hon'ble Court has rasied a query that the Applicants need to be identified by earlier Advocate & take his NOC. As far as my knowledge is concerned, when the matter got disposed off, the role of earlier Advocate ceases and there is no need to take NOC simply for withdrawal of amount on maturity of FD. I will be obliged if any one provide me the relevant judgments related to the same and please guide in the matter.
J K Agrawal
(Expert) 21 December 2008
Kiran
You are right and it is not required under any law to seek the old advocate to get refund of FDR.
Funda of investment of compensation amount was firstly introduced and discussed widely in Bhopal Gas Kand Case ( Union Carbide ltd v Union of India AIR 1992 SC 248 ) and then after it was adopted as it is in case of compensation in Motor Vehicle Accident cases by leading judgment of Susmma Thomus (AIR 1994 SC 1631)
You will find some clue there.
Hiralal Das
(Expert) 08 April 2009
Thanks all of you the ld. member and the author.
I think your valuable opinion will assist everybody to solve their problem/matter in question properly.
