Court No. - 90
Case :- WRIT - C No. - 42283 of 2019 Petitioner :- Jaiveer Singh Respondent :- Motor Accident Claims Tribunal/Additional District Judge- 12 Distt Aligarh And 2 Others Counsel for Petitioner :- Devesh Saxena Counsel for Respondent :- Ashish Mishra,Sanjai Singh
Hon'ble Piyush Agrawal,J.
Heard Shri Devesh Saxena for the petitioner, Shri Anil Babu fo rthe respondent no. 1 and Shri Sanjai Singh for the respondent nos. 2 & 3.
Learned counsel for the petitioner states that he has moved an application before the Tribunal for release of pre-matured withdrawal of the fixed deposit, but the same has been illegally rejected by the impugned order dated 01.12.2019 without proper reasoning.
Learned counsel for the petitioner submits that the stand of the petitioner is on the similar footing as that of in Writ C No. 10436 of 2019 (Satveer Singh Vs. Motor Accident Claims Tribunal & Another) and hence, similar order may be passed in this case also.
The aforesaid writ petition was disposed of by this Court vide order dated 11.04.2019 in the following terms:-
"1. By means of this writ petition under Article 226 of the Constitution the petitioner has questioned the correctness of the order dated 30th January, 2019 whereby the petitioner's application for release of Rs. 1,00,000/-fixed in bank scheme with fixed deposit receipt has been rejected.
2. The petitioner met with an unfortunate accident on 21.05.2013 in which he suffered serious injuries on his body and multiple fractures on his limbs, knee and thigh, thus causing him permanent disability.
3. It is contended by the learned counsel for the petitioner that the petitioner is suffering from permanent disability and, therefore, has no independent source of income to survive and needed money for sustenance and for repairing his old house which has reached to a dilapidated condition.
4. This Court vide order dated 2nd April, 2019 had directed the counsel for the petitioner to file a supplementary affidavit.
5. Today a supplementary affidavit has been filed. In paragraph-3 it has been stated that no appeal has been preferred against the award either by the petitioner or any other of the claimants before the Tribunal, inasmuch as no notice has been received by the claimants in respect of the first appeal from order from the competent court. Paragraph-3 of the supplementary affidavit is reproduced hereinunder:
"That it is hereby respectfully submitted on behalf of the petitioner that neither the petitioner nor any other plaintiffs in the claim petition has ever challenged the award dated 07.04.2018 passed by the learned tribunal. Moreover, the petitioner has never received any notice on behalf of the insurance company challenging the said award dated 07.04. 2018."
6. From the perusal of the award, I find that the award of Rs. 6,23,809/- has been made in respect of the present petitioner. The petitioner was directed to be paid Rs. 5,23,809/- and the rest was directed to be fixed in a term deposit scheme of a nationalized bank for a period five years.
7. In the opinion of the court no useful purpose will be served if the petitioner needed money today, to keep it in a term deposit scheme and wait for the scheme to mature.
8. Learned counsel for the petitioner has relied upon an order of this Court in Smt. Nasreen and another Vs. U.P. State Road Transport Corporation [CMWP No. 21853 of 2013 decided on 22.04.2013] wherein the relying upon Rule 220-B the Court had directed for release of the amount.
9. In view of the above, the order dated 30th January, 2019 is hereby set aside the fixed deposit receipt of Rs. 1,00,000/- as per the original order of the tribunal dated 7th April, 2018 shall be encashed by terminating the term deposit prematurely within a period of two weeks from the date of production of a certified copy of this order and the amount shall be released in favour of the petitioner.
10. With the aforesaid observations and directions the writ petition stands disposed of. "
Learned counsel for the respondent does not dispute the aforesaid.
In view of the facts mentioned above, this writ petition is also allowed in the same terms as that of Writ C No. 10436 of 2019 by extending the similar benefits to the petitioner herein.
Order Date :- 19.12.2019 Amit Mishra