SUMAN DEVI v. MOTOR ACCIDENT CLAIMS TRIBUNAL AND 2 OTHERS
WRIC/34665/2025 · 2025-10-05
Manish Kumar Nigam
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100843 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100843 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34665 of 2025 Court No. - 9 HON'BLE MANISH KUMAR NIGAM, J.
1. By the award dated 31.01.2024, the petitioner who is daughter of the deceased was awarded a sum of Rs. 4,00,000/- out of which Rs. 2,00,000/- was paid to the petitioner and remaining amount of Rs. 2,00,000/- was directed to be deposited in F.D. by the Motor Accident Claims Tribunal. An application was moved by the petitioner that the amount deposited in the F.D. be released in favour of the petitioner as the marriage of the petitioner is settled and she requires the money in connection with her marriage and for other personal expences. The said application has been rejected by the order impugned dated 23.05.2025 passed by Motor Accident Claims Tribunal, Kannauj.
2. Since, the money has been deposited by the insurance company, I am not issuing notices to the respondents as they have no claim and the petition is decided at the admission stage itself.
3. Admittedly, the petitioner is major and her marriage is settled, the court below has not given any reason for rejecting the application of the petitioner.
4. In view of the judgment of this Court passed in case of Aidal Singh and another v. State of U.P. and 3 others in Writ C No. 31515 of 2023 decided on 26.02.2024, the order passed by the tribunal cannot be sustained. The order impugned dated 23.05.2025, passed by Motor Accident Claims Tribunal, Kannauj, is hereby set-aside.
5. Let Rs. 1,00,000/- along with proportionate interest be released in favour Versus Counsel for Petitioner(s) : Rajneesh Tripathi Counsel for Respondent(s) :
Suman Devi .....Petitioner(s) Motor Accident Claims Tribunal And 2 Others .....Respondent(s)
of the petitioner within a period of four weeks from the date of production of certified copy of this order. The balance amount of Rs. 1,00,000/- shall be invested and retained in highest bearing term deposit in a nationalized bank for a period of three years.
12. With the above direction, the present writ petition is disposed of. October 6, 2025 Ved Prakash WRIC No. 34665 of 2025 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad