USHA WIFE OF LATE SHRI NAWAB SINGH v. ICICI LOMBARD GENERAL INSURANCE COMPANY LIMITED
CW/16762/2025 · 2025-11-06
Ashutosh Kumar
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 48144 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48144 (RAJ) · dailylaw.ai ]
Judgment text
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[2025:RJ-JP:44559] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16762/2025
1. Usha Wife Of Late Shri Nawab Singh, Aged About 53 Years, Resident Of Village Kolari Baghela Mohallan, Tehsil Sepau District Dholpur, Presently Resident Of Behind Galla Mandi, Mohan Colony, Dholpur, District Dholpur (Rajasthan)
2. Rinku Son Of Late Shri Nawab Singh, Aged About 29 Years, Resident Of Village Kolari Baghela Mohallan, Tehsil Sepau District Dholpur, Presently Resident Of Behind Galla Mandi, Mohan Colony, Dholpur, District Dholpur (Rajasthan)
3. Arvind Kumar Badhel Son Of Late Shri Nawab Singh, Aged About 25 Years, Resident Of Village Kolari Baghela Mohallan, Tehsil Sepau District Dholpur, Presently Resident Of Behind Galla Mandi, Mohan Colony, Dholpur, District Dholpur (Rajasthan)
4. Trishna Daughter Of Late Shri Nawab Singh, Aged About 19 Years, Resident Of Village Kolari Baghela Mohallan, Tehsil Sepau District Dholpur, Presently Resident Of Behind Galla Mandi, Mohan Colony, Dholpur, District Dholpur (Rajasthan) ----Petitioners Versus
1. ICICI Lombard General Insurance Company Limited, ICICI Bank Towar 414 Lombard House Veer Savarkar Marg, Prabhadevi Mumbai 25 Maharashtra. (Insurance Company Of The Tractor No. RJ05/RC-2319)
2. Bhura Son Of Fateh Singh, Resident Of Jugal Patti Colony, Ucchain, Kheragarh, Police Station, Ucchain, District Bharatpur (Owner Of Tractor No. RJ-05/RC-2319) ----Respondents For Petitioner(s) : Mr. Dinesh Kumar Garg, Adv.
[2025:RJ-JP:44559] (2 of 3) [CW-16762/2025] HON'BLE MR. JUSTICE ASHUTOSH KUMAR
Order 06/11/2025
1. This petition has been filed seeking following prayer:-
"It is, therefore, humbly prayed that this Hon'ble Court may be pleased to accept and allow this writ petition, call for the entire record pertaining to the present matter, set aside the impugned order dated 03.09.2025 passed by the learned Judge, Motor Accident Claims Tribunal, Dholpur in MAC Case No. 263/2021 and amount of interest to the tune of Rs. 13,55,173/- may be disbursed to the petitioner No.1 in her saving bank account as per award dated 29.11.2024 passed by the learned Tribunal. Such other order which this Hon'ble Court deems fit and proper in the facts and circumstances of the case also be passed in favour of humble petitioners along with cost."
2.
Learned counsel for the petitioners submits that while deciding the claim petition filed by the petitioners before learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) (hereinafter referred to as learned ‘Tribunal’), the learned Tribunal vide award dated 29.11.2024 has ordered the disbursement of the amount of Rs.6,84,817/- along with the interest, in the savings bank account of petitioner No.1 and remaining amount of the award to be kept in FDRs. Learned counsel further submits that after depositing the award amount with the learned Tribunal, the learned Tribunal vide
order dated 03.09.2025 modified its earlier order of disbursement to the extent that Rs.55,84,817/- was ordered to be disbursed in favour of the petitioners, whereas, the amount of interest i.e.
[2025:RJ-JP:44559] (3 of 3) [CW-16762/2025] Rs.13,55,173/-, which was previously directed to be disbursed to petitioner No.1 in her savings bank account, was ordered to be kept in FDR for a period of ten years.
3.
Learned counsel for the petitioners contends that after passing of the award dated 29.11.2024 and disbursement of the award, the learned Tribunal has become functus officio, therefore, the learned Tribunal has no right to modify the conditions of disbursement of its earlier award. It is further prayed that the
order dated 03.09.2025, whereby, the learned Tribunal has ordered to deposit the amount of interest in a FDR for a period of ten years, be quashed and set aside and the learned Tribunal be
directed to disburse the amount as per its earlier order dated
29.11.2024.
4. In that view of the matter, this petition is allowed and the
order dated 03.09.2025 passed by learned Motor Accident Claims Tribunal, Dholpur (Rajasthan) is quashed and set aside and the learned Tribunal is directed to disburse the amount of interest as per its earlier order of disbursement dated 29.11.2024.
5. Stay application and other pending applications, if any, also stand disposed of.
(ASHUTOSH KUMAR),J Mohita /30