Urmila Devi And 3 Others vs State Of U.P. And 2 Others
2023 Latest Caselaw 9548 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 3
 

 
Case :- WRIT - C No. - 34288 of 2022
 

 
Petitioner :- Urmila Devi And 3 Others
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Sarvodaya Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Anish Kumar Gupta,J.

1. Heard Shri Sarvodaya Singh, learned counsel for the petitioners and Shri Rajiv Gupta learned Additional Chief Standing Counsel for the State-respondents.

2. On oral request of learned counsel for the petitioners, the description of respondent no.1 is allowed to be corrected as 'Department of Home' instead of 'Department of Revenue'.

3. Necessary correction be carried out during the course of the day.

4. This writ petition has been filed praying for the following relief:

"I. Issue an order or direction Commanding/Directing the Respondent No.3, the State of U.P. through the Collector, Prayagraj, to pay to the petitioners a sum of Rs. 13,18,536/- along with the simple interest @ Rs. 6 % from the date of commencement of evidence up to the date of actual payment, as directed vide order dated 17.07.2014 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 7, Allahabad, in Claim Petition No. 24 of 2006 (Urmila Devi and others Vs. Additional Director General of Police, Police Head Quarter, Allahabad and another), within a time period which may very kindly fixed by this Hon'ble Court."

5. On 20.03.2023, this Court had passed the following order:

"Grievance of the petitioner is that despite judgment and award of Motor Accident Claims Tribunal dated 17.07.2014 in Claim Petition No.24 of 2006 (Smt. Urmila Devi vs. Additional Director General of Police, Police Head Quarter, Allahabad and and State of U.P. through Collector, Allahabad), the awarded amount has not yet been deposited by the State-respondents.

Learned standing counsel prays for and is granted a week's time to obtain instructions on the point as to why the awarded amount has not yet been deposited by the respondents with the concerned Tribunal.

Put up as a fresh on 27.03.2023."

6. Since the respondents have failed to show cause as to why the awarded amount has not yet been deposited by them, therefore, vide order dated 27.03.2023, we directed the respondent no.2 to file his personal affidavit showing cause as to why the order dated 20.03.2023 has not been complied with.

7. In compliance to the aforequoted orders dated 20.03.2023 and 27.03.2023, a personal affidavit dated 01.04.2023 of Shri Namala Ravinder, Additional Director General of Police, Police Head Quarter, Lucknow has been filed today, which is taken on record.

8. In paragraph nos.4, 5, 6, 7 and 8 of the aforesaid personal affidavit, the respondent no.2 has stated as under:

"4. That under the order dated 15.06.2019, the State Government established a separate department regarding the police vehicles by creating a post of Additional Director General of Police, Logistics (herein thereafter referred as 'ADG, Logistics') at Lucknow and as such it is humbly submitted that regarding the claims arising out of accident by police vehicle are under the domain of Additional Director General of Police (Logistics). True copy of the order dated 15.06.2019 issued by the Director General of Police to all the concerned department is being filed herewith and marked as Annexure No. P.A. - 2 to this affidavit.

5. That in view of the above, the communication made by the learned Standing Counsel was marked to ADG Logistics department from the office of the ADG PHQ Lucknow on 23.03.2023. This resulted in the delay of not being able to provide instructions to the office of the learned Chief Standing Counsel at High Court, Allahabad in time. However it was sent in ADG Logistics to the Chief Standing Counsel on 29.03.2023. The delay is highly regretted and the deponent again submits his unconditional apology for the same.

6. That as stated above, the deponent is not the competent authority for answering the quarry of this Hon'ble Court as directed by the order dated 20.03.2023.

7. That however for complying the orders of this Hon'ble Court dated 20.03.2023 and 27.03.2023 in letter in spirit, the deponent enquired into the matter and came to know that the ADG Logistics has written a D.O. letter to Special Secretary Home (Police) on 29.03.2023 for sanction of the claim amount of Rs. 25,13,019/-. True copy of the D.O. letter of ADG Logistics dated 29.03.2023 is being filed herewith and marked as Annexure No. P.A. - 3 to this affidavit.

8. That in view of the above noted facts and circumstances it is submitted that as soon as the accidental claim amount of the petitioners is sanctioned by the Home Department, the ADG Logistics will be the appropriate authority for depositing / transferring the same before the Court concern/ Motor Accidents Claims Tribunal, Allahabad."

9. Undisputedly, the husband of the petitioner no.1, namely, Ashok Kumar Singh was posted as Chowki Incharge at Police Chowki, Jail Road, P.S.- Naini, Prayagraj. He went to Rewa, Madhya Pradesh in the matter of arrest of an accused by police vehicle bearing Registration No.UP 70 U/8171. While returning, the aforesaid police vehicle met with an accident on 07.01.2005 in which the husband of the petitioner no.1 received grave injuries. He was admitted in Swaroop Rani Nehru Hospital, where he died. The petitioner no.1 filed a claim petition being MACT No.24 of 2006 (Urmila Devi and 3 Others Vs. Additional Director General of Police, Police Head Quarter, Allahabad and State of U.P. through District Magistrate, Allahabad). The aforesaid claim petition was decided by the Motor Accidents Claims Tribunal/Additional District Judge, Court No.7, Allahabad vide judgement and order dated 17.07.2014 awarding a sum of Rs.13,18,536/- as compensation to the petitioners with simple interest @ 6% per annum from the date of start of evidence till the date of actual payment.

10. In the personal affidavit dated 01.04.2023, it has not been stated by the respondent no.2 that any appeal has been filed by the respondents against the aforesaid award dated 17.07.2014 passed by the Motor Accidents Claims Tribunal/Additional District Judge, Court No.7, Allahabad, instead a letter has been written by Additional Director General of Police (Logistics), Uttar Pradesh dated 29.03.2023 to the respondent no.1 requesting to sanction/allot budget to deposit the aforesaid awarded amount with interest i.e., Rs.25,13,019/-. Thus, in the absence of any material on record in the personal affidavit filed by the respondent no.2, we presume that the aforesaid award dated 17.07.2014 has attained finality.

11. It appears that since the respondents were not depositing the awarded amount under the aforesaid award dated 17.07.2014 followed by a formal order/decree dated 31.07.2014, therefore, the petitioner no.1 has filed a Misc. Case No.6 of 2015 in the Court of Additional District Judge, Court No.7, Allahabad on 08.05.2015. The said case is pending from last about seven years and despite order for issuance of recovery certificate passed by the Court on 16.11.2018, the respondents have not deposited any amount. Being helpless and harassed by the respondents, the petitioners have filed the present writ petition invoking original equitable jurisdiction of this Court under Article 226 of the Constitution of India.

12. Undisputedly, the petitioner no.1 is the widow of the deceased Sub Inspector, Police, who died in a road accident by a government vehicle while on duty. The claim petition was filed by the petitioners for compensation in the year 2006, which was finally decided by the Motor Accidents Claims Tribunal by award dated 17.07.2014 awarding compensation of Rs.13,18,536/- with simple interest @ 6% per annum from the date of start of evidence till the date of actual payment. However, the respondents have deliberately not deposited the aforesaid awarded amount of compensation.

13. Even, despite our aforequoted order dated 20.03.2023, they have not shown any cause for non-deposit of the aforesaid awarded amount with interest instead wrote a letter dated 29.03.2023 to the respondent no.1 for allotment of budget for depositing a sum of Rs.25,13,019/-

14. Considering the facts and circumstances of the case, arbitrary action and high handedness of the respondents, as briefly noted above, we direct the respondent no.1 to deposit the entire decretal awarded amount with interest in terms of the award dated 17.07.2014 with the concerned Motor Accidents Claims Tribunal within two weeks from today, failing which the respondents shall be liable to pay interest @ 12% per annum.

15. The present writ petition is allowed with cost of Rs.50,000/- (Rupees Fifty Thousand), which the respondent no.1 shall pay to the petitioner no.1 within two weeks from today by an account payee bank draft. Further, liberty is granted to the State Government to recover the cost from erring officers, who may be found responsible for such an inordinate delay in depositing the awarded amount with interest.

16. A copy of this order shall be sent by the Registrar (Compliance) of this Court to the respondents within three days for compliance.

Order Date :- 3.4.2023

Ankit.