SMT. SHALU AND 2 OTHERS v. MOTOR ACCIDENT CLAIM TRIBUNAL, MEERUT AND 2 OTHERS
WRIC/18236/2025 · 2025-05-29
Rohit Ranjan Agarwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:93708 Court No. - 9 Case :- WRIT - C No. - 18236 of 2025 Petitioner :- Smt. Shalu And 2 Others Respondent :- Motor Accident Claim Tribunal, Meerut And 2 Others Counsel for Petitioner :- Vijay Prakash Mishra Hon'ble Rohit Ranjan Agarwal,J.
1. The husband of petitioner No.1 Munesh unfortunately died in a road accident.A claim petition was filed on behalf of all the three petitioners. An award was made on 13.07.2024 wherein the Court had awarded Rs.16,80,000/-. Out of the said amount, 70% was awarded to petitioner No.1 and rest of the amount was awarded to the minor children of late Munesh i.e. petitioners No.2 and 3.
2. Out of 70% awarded amount to petitioner No.1, 60% amount was directed to be released in favour of petitioner No.1 through e-payment in her saving bank account while remaining 40% was to be kept in a nationalized bank, in interest bearing account.
3. Learned counsel for the petitioner states that petitioner No.1 is in dire need of the money and the said money cannot be kept in fixed deposit. 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.).
4. In view of the above, the order dated 13.07.2024 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 No.1 forthwith.
5. As petitioners No.2 and 3 are minor, the amount kept in fixed deposit in their favour, cannot be released.
6. The writ petition stands disposed of. Order Date :- 30.5.2025 Kushal Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad