Allahabad High Court
Priya vs Aman Tyagi And 4 Others on 26 October, 2021
Bench: Neeraj Tiwari
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 36
Case :- WRIT - C No. - 21287 of 2021
Petitioner :- Priya
Respondent :- Aman Tyagi And 4 Others
Counsel for Petitioner :- Bhupendra Kuamr Tripathi
Counsel for Respondent :- Radhey Shyam,Amitanshu Gour,Sudhanshu Behari Lal Gour
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioner and Sri Amitanshu Gour, learned counsel for the respondent no.3.
Considering the nature of proposed order to be passed in the writ petition, there is no need to issue notice to respondent nos. 1, 2, 4 & 5.
Present petition has been filed with the following prayer:-
(i) Writ, order or direction in the nature of certiorari quashing the order dated 17.6.2021 passed by Motor Accident Claim Tribunal, Bijnor in T.D.R. release application no. 391 of 2021.
(ii) Writ, order or direction in the nature of mandamus directing the Motor Accident Claim Tribunal, Bijnor to release the balance share of the petitioner in awarded amount of compensation which is kept in fixed deposit."
Pursuant to the order of this Court dated 20.9.2021, learned counsel for the petitioner has filed supplementary affidavit, which is taken on record. According to that, petitioner is suffering from High Blood Pressure and Thyroid. He also submitted before this Court that money is required for education of three minor child and for her treatment, but without considering the same, Motor Accident Claims Tribunal, Bijnor has rejected the application of petitioner dated 16.6.2021. In support of his contention, he has placed reliance upon the judgment of Apex Court as well as this Court in the cases of A.V. Padma & Others Vs. R. Venugopal & others passed in Civil Appeal No. 1095 of 2012 decided on 27.1.2012 & Smt. Sarita Devi as well as M.A.C.T./A.D.S.J., Allahabad and another passed in Writ-C No. 13332 of 2017 decided on 30.3.2017.
I have considered the rival submissions advanced by the learned counsel for the parties and perused the judgments relied by the counsel for the petitioner. The application dated 16.6.2021 filed by the petitioner is not supported by any document about the illness of petitioner as well as requirement of money for education of her children, therefore, I found no illegality in the order dated 17.6.2021 passed by the Motor Accident Claims Tribunal, Bijnor. Writ petition lacks merit and is, accordingly, dismissed.
However, it is open for the petitioner to move fresh application alongwith relevant documents supporting the illness of petitioner as well as for eduction of her children. In case any such application is filed, the same shall be reconsidered and decided in accordance with law within six weeks from the date of filing keeping in view the judicial pronouncements made by the Apex Court as well as this Court.
Order Date :- 26.10.2021
Junaid
