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2025 DAILYLAW 51108 (ALL)

SMT. VIMLI DEVI v. STATE OF U.P. AND 2 OTHERS

WRIA/5794/2025 · 2025-05-08

Anjani Kumar Mishra, Jayant Banerji

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75523-DB Court No. - 3 Case :- WRIT - A No. - 5794 of 2025 Petitioner :- Smt. Vimli Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Anup Kumar,Mahender Counsel for Respondent :- C.S.C. Hon'ble Anjani Kumar Mishra,J. Hon'ble Jayant Banerji,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The writ petition seeks the following relief:- "I. Issue necessary writ order or direction in the nature of mandamus commanding the respondent No. 2 to release the compensation of Rs. 2 Lac as provided under Section 161(2)(a) of M.V. Act, 1988 in "Hit and Run" case." 3. Learned Standing Counsel, on the basis of instructions received, states that the petitioner is entitled to compensation to the tune of Rs. 2 lakhs consequent to the Compensation of Victim of Hit and Run Motor Accident Scheme, 2022. 4. It is also submitted that requisite orders have been passed by the District Magistrate on 05.05.2025. He also states that the requisite payment in pursuance of the District Magistrate, is required to be made within two weeks by the General Insurance Company as provided in Clause 23(4) of the Scheme. 5. Since, requisite orders have been passed by the District Magistrate, the petition has, for all practical purposes, been rendered infructuous. It is therefore, ordered to be consigned. 6. It is however, provided that in case payment is not made by General Insurance Company consequent to order passed by the District Magistrate within three weeks from today, it shall be open for the petitioner to revive this petition. Order Date :- 9.5.2025 Aditya Tripathi Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad