Court No. - 10
Case :- WRIT - C No. - 28256 of 2021 Petitioner :- Prem Chandra Respondent :- Motor Accident Claims Tribunal Varanasi And 4 Others Counsel for Petitioner :- Ankur Mehrotra
Hon'ble Siddhartha Varma,J.
By means of an award dated 3.10.2019, the Motor Accidents Claims Tribunal had awarded the claimants a sum of Rs.9.17,200/-. Out of this amount, the two claimants were to get individually Rs.1 lac in cash and Rs.3,56,600/- were to be kept in Fixed Deposit. The petitioner who was also a claimant, on account of the marriage of his son Aman, on 18.3.2021 made an application for the encashment of the Fixed Deposit of Rs.3,56,000/-. It has been stated that the petitioner who is 53 years of age has no source of income and is also illiterate and when he married his son, he had taken various loans and, therefore, the Fixed Deposit which was his own money, be encashed and be paid to him so that he may repay his loans. This application, however, when was rejected on 3.8.2021, the instant writ petition has been filed.
Learned counsel for the petitioner has relying upon the judgments of this Court in Yogendra Singh vs. Motor Accident Claim Tribunal & Ors. reported in 2005 (2) TAC 312 and in Smt. Farmoodi vs. Additional District Judge, Court No.9 & Ors. reported in 2013 (7) ADJ 340 has submitted that as per Rule 220-B of Motor Vehicle Rules, 1998, a very strict approach had been taken by the Tribunal and the money which was ordered to be deposited in Fixed Deposit Receipts by the Tribunal may be released.
The Court definitely finds that the petitioner required the amount which was his own money and, therefore, the Tribunal erred in rejecting the application of the petitioner. The petitioner is a major. He should have been allowed to use the money in the manner he required.
In view of the above observations, the order dated 3.8.2021 passed by the Tribunal is, accordingly, set aside and is quashed. The Tribunal may within a period of two weeks from the date of production of a copy of this order, pass orders on the application of the petitioner.
The writ petition, accordingly, stands allowed.
Order Date :- 28.10.2021 GS (Siddhartha Varma, J.)