DINESH PRASAD v. MOTOR ACCIDENT CLAIMS TRIBUNAL/PRESIDING OFFICER AND 3 OTHERS
WRIC/14824/2025 · 2025-05-11
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52927 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52927 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:76510 Court No. - 9 Case :- WRIT - C No. - 14824 of 2025 Petitioner :- Dinesh Prasad Respondent :- Motor Accident Claims Tribunal/Presiding Officer And 3 Others Counsel for Petitioner :- Amit Kumar Singh,Ram Singh Counsel for Respondent :- Anubhav Sinha Hon'ble Rohit Ranjan Agarwal,J. It is contended that one Abhishek Gupta had unfortunately died in a road accident. A claim petition was filed by the petitioner along with his wife and one son and daughter claiming compensation. The matter was compromised between the National Insurance Company and the claimants, and compromise deed was executed on 09.03.2022, wherein the compensation amount was agreed to be paid of Rs.7 lakhs to the claimants. The Motor Accident Claims Tribunal, Fatehpur on the basis of said compromise arrived between the parties passed an order on 12.03.2022 awarding a sum of Rs.7 lakhs to the claimants. An application was moved by the petitioner for releasing Rs.2 lakhs as he was in dire need of money which was kept in a fixed deposit in a nationalised bank. The said application has been rejected by
order dated 28.02.2025.
Learned counsel for the petitioner has relied upon a decision rendered by Hon'ble Supreme Court in case of A.V. Padma and Others Vs. R. Venugopal and Others, 2012 (1) T.A.C. 740 (S.C.). This Court in case of Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, Gorakhpur 1996 (3)
AWC 1695 has already held that the amount awarded cannot be kept in fixed deposit in case the claimants are major. In the instant case, it is apparently clear that the compromise was arrived before the Court where all the claimants are major and a sum of Rs.7 lakhs was awarded. Pursuant to the compromise arrived between the parties, an award was made on 12.03.2022, wherein it was provided that certain amount was released in favour of the claimants, while rest of the amount was kept in an interest bearing account of a nationalized bank. This Court finds that once the petitioner has set up his need and all claimants are major, there arose no occasion for rejecting the application for releasing the amount. Thus, the order impugned dated 28.02.2025 is hereby set aside. Application moved by the petitioner for releasing the amount of Rs.2 lakhs which has been kept in an interest bearing account of a nationalized bank is hereby allowed. Tribunal is hereby directed to immediately release the amount of Rs.2 lakhs in favour of the petitioner. Writ petition is, accordingly, allowed.
Order Date :- 12.5.2025 SK Goswami Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad