Court No. - 10
Case :- WRIT - C No. - 27520 of 2021 Petitioner :- Kumari Kanta Bhardwaj Respondent :- Presiding Officer, Motor Accident Claim Tribunal And 2 Others Counsel for Petitioner :- Bharat Bhushan Paul,Saurabh Paul Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Siddhartha Varma,J.
Enhanced amount as was awarded to the petitioner was directed to be kept in a Fixed Deposit by the order of the High Court dated 23.8.2017. There was also a provision in the order that if the respondent-claimant was in need of any amount then if an application was made for the encashment of the Fixed Deposit, then it would be permitted by the Tribunal.
The petitioner thereafter when was requiring the money filed an application for the release of the amount as was deposited in the Fixed Deposit. Thereafter when the petitioner became incapacitated because of illness the brother of the petitioner also moved an application on 22.3.2021. However, when the application was dismissed on 22.3.2021, the instant writ petition was filed.
Contention of the learned counsel for the petitioner is that the petitioner and also her brother are both adult persons and they know how to deal with the money.
Learned counsel for the petitioner further submitted that there were medical requirements and the amount which was kept in Fixed Deposit was required by the petitioner.
Learned counsel for the petitioner relied upon the case of Yogendra Singh vs. Motor Accident Claim Tribunal & Ors. reported in 2005 (2) TAC 312 and on the decision rendered in Smt. Farmoodi vs. Additional District Judge, Court No.9 & Ors. reported in 2013 (7) ADJ 340 and submitted that the amount be released.
Having heard the learned counsel appearing for the respondent nos. 2 and 3 Sri Santosh Kumar Singh 'Paliwal' and the learned Standing Counsel, the Court is of the view that when the petitioner and her brother have claimed the amount which had been deposited in the Fixed Deposit Receipts and the petitioner is also an adult, the court should have considered the application of petitioner and her brother more leniently.
Under such circumstances, the order dated 23.3.2021 passed by the Presiding Officer Motor Accident Claim Tribunal, Meerut is set aside. The applications filed by the petitioner on 10.3.2021 and the application filed by the brother of the petitioner on 22.3.2021 shall be decided afresh within a period of one week.
When the applications of the petitioner and her brother are decided, the Court may also look into in the correctness of the medical certificates which they had filed.
The writ petition is partly allowed.
Order Date :- 29.10.2021 PK (Siddhartha Varma,J.)