Court No. - 33
Case :- WRIT - C No. - 34253 of 2018 Petitioner :- Ram Pal Respondent :- National Insurance Company Ltd. Through Its Branch Manager And 04 Others Counsel for Petitioner :- Achyuta Nand Pandey
Hon'ble Manoj Misra,J.
The instant petition has been filed challenging the order dated 13.09.2018 passed by the Special Judge/Additional District Judge, IV, Rampur on Application No.148 of 2014 in MACP No.197 of 2012.
It appears that by order of the Motor Accident Claim Tribunal, certain compensation amount was directed to be paid to the applicant. As per guidelines issued by the Apex Court certain amount was directed to be kept in a fixed deposit and some amount was directed to be released in favour of the claimants. For release of the amount kept in a fixed deposit, an application was moved by the applicant by claiming that the marriage of his daughter, namely, Mamta had been fixed for 19.09.2018 and therefore the amount is required and hence the fixed deposit be encahsed and the amount be released in favour the applicant.
The court below found that there were various erroneous statements because at one place the age of the applicant was reflected as 45 years and at another place it was shown to be 65 years. Likewise, age of the daughter at one place was disclosed as 19 years and at another 24 years. The court accordingly found that the applicant had not come before the court with clean hands and therefore the application was rejected. It is this order of rejection dated 13.09.2018, which has been challenged before this Court.
As the court has recorded its satisfaction that the applicant has not come with clean hands, I do not find any good reason to interfere with the order passed by the court below. However, it is left open to the applicant to move a fresh application by giving all the relevant facts with proofs. In case the applicant is able to satisfy the court with a proper application and proof that his case is genuine, it shall be open to the court to pass a fresh order.
With the aforesaid liberty/observation, the petition is disposed off. Order Date :- 29.10.2018 AKShukla/-