Court No. - 2
Case :- WRIT - C No. - 11134 of 2018 Petitioner :- Bhagwan Sahai Sharma Respondent :- Additional District Judge/ Motor Accident Claim Tribunal Court No. 1 Aligarh And Another Counsel for Petitioner :- Ashvni Mishra Counsel for Respondent :- Anadi Krishna Narayana
Hon'ble Ram Surat Ram (Maurya),J.
The counsel for the petitioner is permitted to correct the prayer clause in the writ petition.
Heard Sri Ashvni Mishra, for the petitioner and Sri Anadi Krishna Narayan for the respondents.
The writ petition has been filed against the order of Motor Accident Claim Tribunal (hereinafter referred to as "the Tribunal) dated 31.10.2017 rejecting the application of the petitioner for release of the amount of Rs.2- 00 lac kept in the fixed deposit on 20.01.2017.
It has been stated that in the accident occurred on 20.9.2014 the petitioner received injuries. The petitioner filed M.A.C.P. No.772 of 2014 which was allowed by award dated 27.7.2016 and an amount of Rs.4,38,343/- was granted as compensation to the petitioner. No appeal has been filed against the award dated 27.7.2016 and it has become final. However, out of total amount of the award, Rs.2-00 lac was directed to be kept in fixed deposit. Accordingly, Rs.2-00 lac was kept in fixed deposit on 20.01.2017. The petitioner was in need of repair of his house, therefore, he moved an application before the Tribunal for release of the amount of kept in fixed deposit, which has been rejected by the Tribunal by the impugned order.
I have considered the arguments of the counsel for the parties and examined the record.
Since need of the petitioner has not been disbelieved by the Tribunal as such there was no reason for rejecting the application for releasing the amount of fixed deposit.
In the fact that full amount of compensation was not paid to the petitioner and part of the payment as Rs.2-00 lac was kept in fixed deposit, the writ petition is allowed. The order of the Tribunal dated 31.10.2017 is set aside. The Tribunal is directed to release the amount of Rs.2-00 lac kept in fixed deposit on 20.01.2017, in favour of the petitioner within a period of one month from the date of production of a certified copy of this order before him.
Order Date :- 28.3.2018 mt