HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW MATTERS UNDER ARTICLE 227 No. - 6158 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Narendra Gupta, the learned counsel for the petitioner and Shri Satyajit Banerji, the learned counsel for the respondent- National Insurance Company Ltd. 2. By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has challenged the validity of an order dated 09.09.2025 passed by the Presiding Officer, Motor Accident Claims Tribunal Sitapur in CMC No.304 of 2025 whereby the Tribunal has rejected the petitioner's application for premature encashment of the compensation amount deposited in a fixed deposit as per order of the Tribunal. 3. The petitioner and her husband had filed a claim petition after death of their son in a road accident. The claim was awarded by means of an order dated 09.12.2023 on the basis of settlement under which Rs.5 lakhs were awarded to the petitioner and her husband but the trial Court put a condition that each of the claimants- the petitioner and her husband will be awarded Rs.2,50,000/- out of which Rs.1,25,000/- will be deposited in a fixed deposit Scheme of a Nationalist Bank or a post-office for a period of three years. 4. The petitioner's husband sought release of the amount deposited in the fixed deposit on the ground that he is suffering from heart disease and other ailments, the amount awarded to him has been spent in his treatment and he needed further amount for his treatment. This request was granted by the Motor Accident Claim Tribunal by means of an order dated 01.02.2025. Thereafter, the petitioner filed an application dated 18.06.2025 for permission of premature withdrawal of the amount in fixed deposit on the ground that the money released in favour of her husband has already been spent on his treatment which is going on continuously and she needs money for treatment of her husband. 5. This application was rejected on 09.06.2025 on the ground that the petitioner is Versus Counsel for Petitioner(s) : Narendra Gupta Counsel for Respondent(s) : Satyajit Banerji Afasari Begum .....Petitioner(s) National Insurance Company Ltd. Thru. Divisional Manager Sitapur And Another .....Respondent(s) seeking release of the amount for incurring expenditure of heart ailment of her husband for which she claims to have already spent Rs.3,75,000/-. The documents filed by the petitioner in support of the claim of heart ailment do not disclose any serious ailment. The medical prescription merely advised ECG examination and administration of some medicine. Before this Court also, no such document has been annexed which may indicate that the petitioner's husband is suffering from some serious heart ailment. 6. In these circumstances, the Tribunal has not committed any error or illegality in rejecting the petitioner's claim based on the alleged heart ailment of the petitioner's husband. 7. The petition lacks merit and the same is dismissed accordingly. October 16, 2025 -Amit K- A227 No. 6158 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench