Arjit Deol vs Motor Accident Claims Tribunal
2021 Latest Caselaw 1278 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - C No. - 1185 of 2021
 

 
Petitioner :- Arjit Deol
 
Respondent :- Motor Accident Claims Tribunal
 
Counsel for Petitioner :- Nigamendra Shukla
 

 
Hon'ble Rajiv Joshi,J.

Heard Mr. Nigamendra Shukla, learned counsel for petitioner and learned Standing counsel for the State respondent.

The present writ petition under Article 226 of the Constitution of India has been filed for direction to Motor Accident Claim Tribunal Meerut, to release the amount of Rs. 6,30,000/- compensation as withheld by it in FDR to the petitioner immediately.

It is submitted by learned counsel for petitioner that on the basis of the compromise the award to the extent of Rs. 10,50,000/- has been passed by Motor Accident Claim Tribunal Meerut, with a condition that the amount of Rs. 6,30,000/- shall be invested in FDR for a period of three years and rest amount be paid to the petitioner. It is also submitted the petitioner is a literate person and, therefore, it is not mandatory to invest the amount as directed by the tribunal in the FDR. In support of his contention, learned counsel has placed reliance upon judgment of Apex Court in case of A.V. Padma and others Vs. R. Venugopal and others, wherein it is also held that in case of literate persons, it is not mandatory to invest the amount of compensation in the FDR. In this present petition the petitioner is in need of money.

Considering the facts and circumstances of the case, the writ petition is disposed of with a direction to respondent authority i.e., Motor Accident Claim Tribunal Meerut, to release fund amounting to Rs. 6,30,000/-, in favour of the petitioner within a period of three months from the date of production of 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.

The writ petition is disposed of.

Order Date :- 20.1.2021

S.K.