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2025 DAILYLAW 35611 (ALL)

ANITA DEVI v. THE NEW INDIA INSURANE COMPANY LTD. AND ANOTHER

WRIC/9614/2025 · 2025-04-08

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51384 Court No. - 9 Case :- WRIT - C No. - 9614 of 2025 Petitioner :- Anita Devi Respondent :- The New India Insurane Company Ltd. And Another Counsel for Petitioner :- A.T. Pandey Hon'ble Rohit Ranjan Agarwal,J. 1. Heard learned counsel for the petitioner and learned counsel for insurance company. 2. This writ petition has been filed for quashing the order dated 05.12.2024 passed by Motor Accident Claims Tribunal, Aligarh in Misc. Case No. 640 of 2024 filed in Motor Accident Claim Petition No. 89 of 2020 for releasing the amount awarded by Motor Accident Claims Tribunal, Aligarh pursuant to the compromise arrived at between the parties in respect of the petitioner whose amount has been kept in fixed deposit as she is 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 05.12.2024 stands modified and the Presiding Officer, Motor Accident Claims Tribunal, Aligarh is directed to release Rs. 2,95,238/-, the amount which has been kept in fixed deposit, along with interest, which has accrued thereon, in favour of the petitioner forthwith. 5. The writ petition stands disposed of. Order Date :- 9.4.2025 Shekhar Digitally signed by :- SHASHI SHEKHAR PANDEY High Court of Judicature at Allahabad