AO/356/2014
2023 Latest Caselaw 1674 UK

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                                  Misc. Application (MCC No. 11535 of 2023)
                                  In
                                  A.O. No. 356 of 2014
                                  Hon'ble Manoj Kumar Tiwari, J.

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

2. Mr. Ankurit Raj David, Advocate for the applicant, who is the wife of respondent no. 1.

3. This Appeal against Order was filed by Insurer under Section 173 of Motor Vehicles Act, 1988, challenging the judgment and award dated 30.05.2014 passed by learned Motor Accident Claims Tribunal, Kotdwara, Pauri Garhwal, in Motor Accident Claim Petition No. 45 of 2012, whereby United Insurance Company Limited/appellant was directed to pay a sum of Rs. 8,55,900/- as compensation to Anup Singh, s/o Prem Singh, who was injured in a road accident, as a result, one of his leg was to be amputated.

4. In view of settlement arrived at between the parties in National Lok Adalat, held on 08.02.2020; insurer/appellant withdrew this appeal. It is not in dispute that insurer/appellant has deposited entire amount with the concerned Motor Accident Claims Tribunal.

5. An application, supported by an affidavit, has been filed on behalf of wife of claimant (Anup Singh, S/o Prem Singh) praying that the concerned Tribunal be directed to release the amount of award in her favour. It is stated in the affidavit that claimant/respondent no. 1 passed away on 09.03.2020, and due to his death, amount deposited with the Tribunal could not be released. It is further stated that the applicant is poor illiterate lady, belonging to lower strata of society, who was solely dependent upon respondent no. 1; there is no other means of survival left to her, therefore, the amount of compensation may be released in her favour. In paragraph no. 2-C of the affidavit, it is mentioned that applicant-Baby Rawat is the only legal heir of claimant/respondent no. 1.

6. Learned counsel for applicant has drawn attention of this Court to the death certificate issued by Registrar (Birth & Death), Nagar Nigam, Kotdwara, which is enclosed as Annexure-2 to the affidavit, in which date of death of Anup Rawat is mentioned as 09.03.2020. Reliance is also placed upon Survivor Certificate dated 09.07.2020, issued by Sub Divisional Magistrate, Kotdwara, Pauri Garhwal in which it is mentioned that applicant is the sole survivor of late Anup Rawat.

7. Mr. D.C.S. Rawat, learned counsel for appellant submits that since appellant has deposited entire amount before the Tribunal in terms of the award, therefore, he has no objection if the Tribunal is directed to release the amount in favour of Baby Rawat, wife of claimant.

8. Having regard to the aforesaid facts and circumstances of the case, Misc. Application (MCC No. 11535 of 2023) is disposed of by directing Motor Accident Claims Tribunal, Kotdwara, District Pauri Garhwal to release the amount of compensation in terms of award rendered in Motor Accident Claim Petition No. 45 of 2012 to the wife of claimant, subject to her filing an affidavit before the Tribunal that she is the sole legal heir of late Anup Rawat, and there is no other rightful claimant of the amount of compensation.

(Manoj Kumar Tiwari, J.) 19.06.2023 Navin