AO/190/2020
2021 Latest Caselaw 4002 UK

                   Office Notes,
                reports, orders or
                 proceedings or
sl. No   Date                                    COURT'S OR JUDGES'S ORDERS
                  directions and
                Registrar's order
                 with Signatures
                                     CLMA No.11240 of 2020 (Money Withdrawal Application)
                                     With
                                     AO No.190 of 2020
                                     Hon'ble Sharad Kumar Sharma, J.

Mr. Kaushal Pandey, Advocate, holding brief of Ms. Monika Pant, Advocate, for the appellant.

Mr. Rajendra Singh Negi, Advocate, for the respondent No.1/claimant.

Mr. D.C.S. Rawat, Advocate, for the respondent.

This matter is listed on the Money Withdrawal Application which has been filed by the respondent No.1/claimant, herein, wherein, in paragraph No.4, of the Money Withdrawal Application, she has submitted, that talks for the settlement of the marriage of her elder daughter Km. Deepa, is in progress, and in order to meet the expenses of her marriage, she needs immediate financial assistance.

This appeal from order, which arises out of an award dated 12.03.2020, rendered in MACP No.327 of 2017, "Smt. Shanti Devi & others Vs. Uttar Pradesh State Road Transport Corporation Pilibhit Depot", the learned Motor Accident Claims Tribunal, has awarded a total amount of Rs.60,28,405/-, which had been determined to be made payable, in proportion as observed in paragraph No.88, of the judgment/award dated 12.03.2020, in a particular ratio to the applicant to the Money Withdrawal Application, as well as to the heirs, who were dependent upon the deceased.

When the appeal from order was heard at an admission stage, by way of an interim order, a sum of Rs.50,00,000/-, was directed to be deposited by the appellant, herein, before the concerned Motor Accident Claims Tribunal. In compliance thereto, it is stated, that the amount as directed by the interim order, has already been deposited before the concerned Motor Accident Claims Tribunal by the appellant, which is lying with it.

Considering the grounds taken in the Money Withdrawal Application by the respondent No.1, herein, it is directed, that if a sum of Rs.15,00,000/-, is released in favour of the respondent No.1/claimant, for the purposes of settling of the marriage of respondent No.2 her daughter, it would suffice the emergent needs of the respondent No.1/claimant. Hence, it is directed to the Motor Accident Claims Tribunal, that it would release a sum of Rs.15,00,000/- to the applicant/respondent No.1, herein, within a period of six weeks from the date of the presentation of a certified copy of this order.

The balance amount thus left thereafter would be deposited in the form of a fixed deposit in a Nationalized Bank, bearing maximum interest.

Subject to the above, the Money Withdrawal Application stands disposed of accordingly.

(Sharad Kumar Sharma, J.) 04.10.2021

NR/