Court No. - 42
Case :- WRIT - C No. - 19003 of 2019 Petitioner :- Sonu Chaudhary Respondent :- Additional District Judge/ Motor Accident Claims And 2 Others Counsel for Petitioner :- Vidya Kant Shukla
Hon'ble Ajay Bhanot,J.
An award was passed by the Motor Accident Claims Tribunal, Kanpur Nagar on 22.11.2016 whereby the petitioner was held entitled to a sum of Rs. Two Lacs as compensation. The learned Tribunal had directed that the amount to which the petitioner was entitled be deposited in a fixed deposit account for a period of five years. The petitioner made an application before the learned Trial Court for release of the entire amount of compensation to the extent of Rs. Two Lacs granted to him by the learned Motor Accident Claims Tribunal, Kanpur Nagar. The petitioner is in dire need of the aforesaid amount. He claims that he is getting married and requires the aforesaid amount.
The learned Trial Court had rejected the application. The order of the learned Trial Court dated 14.05.2019 records that a sum of Rs. Two Lacs has been deposited in a fixed deposit account in the UCO Bank. The fixed deposit amount will mature on 31.08.2022. The aforesaid amount cannot be disbursed prior to the aforesaid date. The order of the learned Trial Court is misconceived. The purpose of grant of compensation is to cater the need of the claimant. The petitioner is a major and is best suited to decide his needs. The cause shown for release of the amount in the application is good and sufficient.
The Trial Court is directed to release the amount deposited in the name of the petitioner pursuant to the award granted by the Motor Accident Claim Petition No. 863 of 2013 (Vijay Laxmi and another Vs General Manager (B.B.) Rajasthan State Road Transport Corporation, Ajmer, Rajasthan and another).
The impugned order dated 14.05.2019 is set aside. The writ petition is allowed.
Order Date :- 29.5.2019 Pravin