Allahabad High Court
Km. Neha Singh And 3 Others vs District. Judge Lko. And 2 Others on 3 May, 2024
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Neutral Citation No. - 2024:AHC-LKO:34399
Court No. - 7
Case :- MATTERS UNDER ARTICLE 227 No. - 2166 of 2024
Petitioner :- Km. Neha Singh And 3 Others
Respondent :- District. Judge Lko. And 2 Others
Counsel for Petitioner :- Pankaj Verma,Ashish Verma
Hon'ble Alok Mathur,J.
1. Heard Sri Pankaj Verma, learned counsel for the petitioners.
2. In light of the proposed order notice to private respondents is dispensed with.
3. It has been submitted on behalf of the petitioners that father of the petitioners had died in a road accident on 28.2.2010 leaving behind him his wife namely Smt. Sanju Singh and the petitioners who are the daughters and son of the deceased. Thereafter, the petitioners along with their mother had moved a claim petition before Motor Accidents Claims Tribunal, North, Lucknow (herein after referred to as the Tribunal) claiming compensation on the death of their father being Claim Petition No.193 of 2010 (Smt. Sanju Singh and others Vs. Sanjay Kumar Pandey and others). The said claim petition was adjudicated by the Tribunal and was partly allowed by the Tribunal/IVth Additional District Judge, Lucknow vide judgment and order dated 23.11.2018 and compensation of Rs.6,95,000/- along with interest @ rate of 7 per cent per annum was allowed in favour of the claimants.
4. Subsequent to the decision of the Tribunal the mother of the petitioner namely Smt. Sanju Singh died on 11.5.2019 and despite the decree having been passed in favour of the petitioners the same was not complied by the insurance company. The insurance company in turn had deposited Rs.11,17,922/- in the account of District Judge, Lucknow on 15.7.2019. Subsequent to the aforesaid proceedings the Tribunal was separated and independent court was created where the execution proceedings preferred by the petitioner are pending. It has been submitted that it is only on account of the fact that the money deposited in the account of District Judge, Lucknow and the execution proceedings are being carried out in the Tribunal the decreed amount which is lying in the account of District Judge, Lucknow has not been released in favour of the petitioner. Learned counsel for the petitioners submits that first the said amount has to be transferred to the Tribunal and thereafter the same can be released in favour of the petitioners.
5. Learned counsel for the petitioners further submits that in view of the provisions contained under Order 21 Rule 16 A the petitioners have been advised to move an application for informing the Tribunal that one of the decree holders has died after passing of the judgment and decree and even her share is now liable to be divided amongst the petitioners. It has been submitted that application for transfer of the amount has been moved by the petitioners before District Judge, Lucknow. The said application was moved on 27.7.2022 by one of the petitioners and thereafter on the direction of the court all the claimants have been impleaded as parties and the said application has been allowed by means of order dated 1.3.2024.
6. It is in aforesaid circumstances that a prayer has been made that the District Judge as well as the Tribunal may be directed to expeditiously dispose of their respective applications so that the amount of compensation awarded by means of order dated 23.11.2018 may be complied. Accordingly, considering the aforesaid facts, especially that the decree has already been passed in favour of the petitioners way back on 23.11.2018 but merely because of the fact that the amount was deposited in the court of District Judge, Lucknow the same has not been disbursed to the petitioners, the present petition is disposed of with following directions:-
(i)) District Judge, Lucknow is directed to expeditiously dispose of the application for transfer of the amount to the Tribunal.
(ii). Liberty is given to the petitioners to move appropriate application before District Judge, Lucknow annexing a copy of the order and on receipt of the said order District Judge shall proceed to pass necessary orders within ten days thereafter and in case the application is allowed, he shall forthwith transfer the amount deposited with the District Judge, Lucknow.
(iii). The Tribunal in its turn is directed to pass appropriate orders in the execution proceedings after taking into account the death of one of the decree holders i.e. Smt. Sanju Singh and shall pass appropriate orders for allocation of the amount to be disbursed to the decree holders looking to the fact that Smt. Sanju Singh has died in the meanwhile. He shall pass appropriate orders on the application of the petitioners, expeditiously, say within one month from the date of receipt of the decreetal amount from District Judge, Lucknow.
(Alok Mathur, J.)
Order Date :- 3.5.2024
RKM.
