Court No. - 19
Case :- WRIT - C No. - 8928 of 2021 Petitioner :- Mohit Tiwari Adult And Another Respondent :- Prescribed Authority And 2 Others Counsel for Petitioner :- Dinesh Kumar Pandey Counsel for Respondent :- C.S.C.,Prakhar Tandon,Subedar Shukla
Hon'ble Saurabh Shyam Shamshery,J.
1. This writ petition is filed seeking following reliefs:
"I. Issue a writ, order or direction in the nature of certiorari, quashing the impugned order dated 12.01.2021 refusing to release the award amount and award dated 20.07.2020 to the extent fixed deposit the award amount in a nationalized bank passed by respondent No. 1 in M.A.C.T. No. 126/2016 for a longer period.
II. Issue a writ, order or direction in the nature of Mandamus, directing the respondent No. 1, to release whole award amount to the petitioners along with interest, without any further delay.
III. Issue any other order or direction as the Hon'ble Court may deem fit and proper in the circumstances of the case.
IV. Award cost of the petition in favour of the petitioners."
2. This Court has passed following order on 03.09.2021:
"This writ petition is filed on behalf of Mohit Tiwari and Rohit Tiwari (petitioners), who are beneficiary of the award passed by Motor Accident Claims Tribunal, Kanpur Nagar, however, considering their mental health, the amount awarded was directed to be deposited in the fixed deposit scheme in a Nationalized Branch and accordingly, it is deposited in the fixed deposit scheme in UCO Bank, Civil Lines - respondent no.5. The petitioners are in legal custody of guardianship of her sister, appearing as respondent no.4, in this writ petition.
It is submitted that the entire expenses of the petitioners are presently borne by respondent no.4, therefore, it is required that said amount be released in favour of the petitioners.
Learned Standing Counsel has proposed a suggestion that instead of releasing the entire amount in favour of petitioners, awarded amount be deposited in a scheme from where a certain amount be disbursed on monthly basis in favour of petitioners and suggests that concerned authority/Bank may also be made a party in the memo of writ petition for this purpose.
The suggestion appears to be worth consideration.
In view of the above, learned counsel for petitioners is permitted to implead UCO Bank through Bank Manager as a respondent no.5 in the array of parties during the course of day and serve a copy to the Bank Manager/its counsel.
Let notice be also issued to respondent no.5, fixing on 24.9.2021. Steps be taken within three days. Dasti in addition, is permitted.
The concerned Bank Manager is directed to appear through an Advocate or in person to assist the Court regarding the best scheme to deposit money in the facts and circumstances of case.
Put up this matter on 24.9.2021."
3. Sri Prakhar Tandon, learned counsel appearing for Respondent-Bank, submitted that there is no suitable scheme available where the petitioners can get more interest money while the amount is deposited in FDR.
4. Learned counsel for petitioners has relied on a judgment passed by this Court in Writ-C No. 4994 of 2021 (Smt. Munesh and another vs. Motor Accident Claims Tribunal/ District Judge, Meerut and others), decided on 12.02.2021 and contended that this Court may allow the prayer considering that petitioners are major.
5. It is not in dispute that petitioners are suffering from mental health and for that reason the entire money was deposited in FDR by Tribunal. However, the sister of petitioners, who is taking care of them, is required money for medical expenses of petitioners.
6. In view of above, the writ petition is disposed of with a direction to Tribunal to pass appropriate order to release 50% of FDR amount alongwith interest till date, in favour of petitioners and remaining 50% shall remain deposited in the fixed deposit scheme.
Order Date :- 24.9.2021 AK