Court No. - 90
Case :- WRIT - C No. - 41465 of 2019 Petitioner :- Smt. Anrawati Respondent :- State of U.P. and Another Counsel for Petitioner :- Krishna Nand Yadav,Anand Prakash Yadav Counsel for Respondent :- C.S.C.,Ashish Agrawal Hon'ble Piyush Agrawal,J.
Learned counsel for the petitioner is permitted to implead the Motor Accident Claim Tribunal, Maharajganj in the array of parties as respondent no. 3 during the course of the day.
This writ petition has been filed for the following, amongst other, relief:-
"(a) to direct the learned Additional District Judge, 1st, Maharajganj/Motor Accident Claim Tribunal, Maharajganj to consider the claim of the petitioner and decide the Misc. Case No. 359 of 2018 dated 31.10.2018 (Annexure No. 1 to this petition) filed in MACP No. 34 of 2009 in accordance with law."
Heard Shri Krishna Nand Yadav, learned counsel for the petitioner, learned standing counsel for the State - respondents and Shri Ravindra Kumar Srivastava, learned counsel for the respondent no. 2.
Learned counsel for the petitioner submits that by award dated 11.06.2010, the Tribunal awarded a sum of Rs. 41,023/- and thereafter, on meturity of the period of the Tribunal's order, the petitioner moved an application (registered as Misc. Case No. 358 of 2018) for release of the matured amount on 31.10.2018. It is stated that in spite of sufficient time having been passed, awarded amount has not been released so far in favour of the petitioner. Learned counsel for the petitioner further submits that the order of the Tribunal dated 11.06.2010 has neither been stayed by the competent Court, nor has it been modified.
The prayer made by the learned counsel for the petitioner is to the effect that a direction may be issued to the Tribunal to decide the petitioner's Misc. Case No. 359 of 2018 expeditiously.
To the last submission made by the learned counsel for the petitioner, learned standing counsel has no objection.
Considering the facts and circumstances of the case, this writ petition is disposed of with a direction to the respondent no. 3 to consider and decide the Misc. Case No. 359 of 2018 dated 31.10.2018, in accordance with law, expeditiously, preferably, within a period of two months from the date of production of a certified copy of this order, if there is no legal impediment.
It is made clear that this Court has not adjudicated the merits of the case and the authority concerned is free to pass an independent order in accordance with law.
Order Date :- 17.12.2019 Amit Mishra