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2025 DAILYLAW 110087 (ALL)

BILKIS AND ANOTHER v. THE NEW INDIA ASSURANCE COMPANY LIMITED

WRIC/40908/2024 · 2025-04-07

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50389 Court No. - 9 Case :- WRIT - C No. - 40908 of 2024 Petitioner :- Bilkis And Another Respondent :- The New India Assurance Company Limited Counsel for Petitioner :- Danish,Rajiv Sisodia Counsel for Respondent :- Arun Kumar Shukla Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the petitioners and Sri Arun Kumar Shukla, learned counsel for insurance company. 2. This writ petition has been filed for modifying the order dated 18.09.2023 passed by Motor Accident Claims Tribunal, Bijnor in Motor Accident Claim Petition No. 218 of 2022 for releasing the amount awarded by Motor Accident Claims Tribunal, Bijnor pursuant to the compromise arrived at between the parties in respect of the petitioners whose amount has been kept in fixed deposit as they are major. 3. Reliance has been placed upon decision of this Court in Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, Gorakhpur 1996 (3) AWC 1695 wherein it has been held that in case the claimants are major, there is no justification for investing the amount in the FDR. The said decision has been followed by this Court in judgment dated 30.07.2021 passed in Writ -C No.16066 of 2021 (Bilal vs. Prescribed Authirty/Motor Accident Claims Tribunal & 2 Ors.). 4. In view of the above, the order dated 18.09.2023 stands modified and the Presiding Officer, Motor Accident Claims Tribunal, Bijnor is directed to release Rs. 1,43,750/- + Rs. 1,43,750/-, the amount which has been kept in fixed deposit along with interest, which has accrued thereon, in favour of the petitioners forthwith. 5. The writ petition stands disposed of. Order Date :- 8.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad