Smt. Shamima And Another vs Prescribed Authority/Motor ...
2021 Latest Caselaw 2446 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 5062 of 2021
 

 
Petitioner :- Smt. Shamima And Another
 
Respondent :- Prescribed Authority/Motor Accident Claims Tribunal And 8 Others

Counsel for Petitioner :- Satya Deo Ojha

Hon'ble Rajiv Joshi,

Heard Sri Satya Deo Ojha, learned counsel for the petitioners.

By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent Prescribed Authority/Motor Accident Claims Tribunal, Meerut to release the amount deposited in fixed deposit scheme in pursuance of the compromised order passed by respondent no.1 Prescribed Authority/Motor Accident Claims Tribunal, Meerut vide order dated 12.12.2020 in MAC No. 17 of 2017.

It is submitted by learned counsel for the petitioners that the petitioners filed a claim petition before the Motor Accident Claims Tribunal (for short "Tribunal") for the death of their son and the Tribunal awarded 10,00,000/- (ten lacs) on the basis of a compromise to the claimants petitioners and other minor brother and sister of the deceased. It is further submitted that the Tribunal has awarded of Rs. 2,00,000/- to the petitioner nos. 1 and 2 respectively out of said amount Rs. 80,000/- of petitioners directed to be invested in the FDR for long term. It is next submitted that the petitioners are major and there is no justification for the Tribual to invest the said amount in the FDR. In support of his contention he has placed reliance upon the judgment of this Court in Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, Gorakhpur [1988 (1)T.A.C.450 (All.)] in which it is held that in case the claimants are major, there is no justification for investing the amount in the FDR.

In the facts and circumstances of the case, the writ petition is disposed of with the direction to the Motor Accident Claims Tribunal/ District Judge, Meerut to release the FDR amount as above along with interest which may have accrued thereon in favour of the petitioners forthwith from the production of certified/computerized copy of this order.

The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.

Order Date :- 17.2.2021

Akbar