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2025 DAILYLAW 58200 (ALL)

SMT KRANTI AND 3 OTHERS v. AFSAR ALI AND 3 OTHERS

WRIC/16233/2025 · 2025-05-20

Rohit Ranjan Agarwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85151 Court No. - 9 Case :- WRIT - C No. - 16233 of 2025 Petitioner :- Smt Kranti And 3 Others Respondent :- Afsar Ali And 3 Others Counsel for Petitioner :- Gyanendra Kumar Singh Hon'ble Rohit Ranjan Agarwal,J. 1. The petitioner is permitted to delete petitioners No.2 to 4 from the array of parties during course of the day. 2. One Chandrapal, husband of petitioner No.1, unfortunately died in a road accident. A claim petition was moved by petitioner along with her three sons Vikram, Arjun and Sandeep. An award was made by Motor Accident Claims Tribunal, Ghaizabad on 24.01.2024 awarding an amount of Rs.41,22,272 alongwith interest @ 7.5% per annum. 3. According to the award, the petitioner was to get an amount of Rs.38,22,272/- while her three sons Vikram, Arjun and Sandeep were to get compensation amount of Rs.1 lakh each. By the same award, the Tribunal had directed for release of Rs.1 lakh each to the three other claimants and had directed for keeping Rs. 20 lakhs in a fixed deposit account in a nationalized bank which has been awarded to the petitioner and Rs.18,22,272/- along with interest be released in her favour. The petitioner had moved an application before the Court below for releasing the fixed deposit amount, which has been rejected by the order impugned dated 29.01.2025. 4. 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 Authority/Motor Accident Claims Tribunal & 2 Ors.). 5. In view of the above, the order dated 29.01.2025 stands modified and the Presiding Officer, Motor Accident Claims Tribunal, Ghaziabad is directed to release the amount, which has been kept in fixed deposit, along with interest, which has accrued thereon, in favour of the petitioner forthwith. 6. The writ petition stands disposed of. Order Date :- 21.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad