Court No. - 5
Case :- WRIT - C No. - 18750 of 2019 Petitioner :- Vidyadevi @ Vidyawati Respondent :- The Motor Accident Claim Tribunal/Additional District Judge And 4 Others Counsel for Petitioner :- Jagat Narayan Shukla
Hon'ble Ashok Kumar,J.
The petitioner was awarded the compensation of Rs.34,77,000/- plus interest @ 7% by the order of the Motor Accident Claims Tribunal/ Additional District Judge, Court No.6, Gorakhpur dated 18.08.2017.
In pursuance of the said order, 40% of the total awarded amount was to be paid to the petitioner who is widow of the victim. Apart from that 15% each was directed to be paid to the minor girls namely Priyanka Gaur, Sandhya Gaur and son master Rajat Gaur. Rest of the awarded amount was directed to be paid to the parents of the victim namely Dev Kishun and Jaggi Devi.
While passing the award, the court below has directed that half of the awarded amount will be paid to the claimants in cash and remaining half amount was directed to be deposited in the bank by means of fixed deposit.
An amount of Rs.7,67,887 was deposited as fixed deposit monthly in the name of present petitioner Smt. Vidyawati in Andhara Bank, Kacheri (Civil Court), District Gorakhpur.
This writ petition is filed by the Smt. Vidyawati with a prayer that the amount so deposited as fixed deposit be paid to the petitioner as she has urgent need of money to send her son Master Rajat Gaur, who has selected in institution namely Institute of Management Studies, Pune, Maharashtra for studies.
Annexure 4 of the Writ Petition is a copy of the fees schedule for MBA- AEEP + LD programe and the fee structure of the same discloses total fee payable by a candidate till 30 the June, 2019 will be to the tune of Rs.3,69,000/-
The contention of the counsel for the petitioner is that therefore the said amount is immediately required for the studies of the son of the petitioner and since the petitioner is getting only sum of Rs.13,000/- as family pension she is unable to fulfill the condition of the institute related to fee structure.
Having heard the learned counsel for the petitioner and Sri D.V. Jaiswal, learned counsel appeared on behalf of respondent no.2, Andhara Bank and with the consent of learned counsel for the parties, this writ petition is disposed of by directing the respondent no.2, Andhra Bank, Branch Kacheri (Civil Court), District Gorakhpur to consider the request of the petitioner which appears to be genuine, and pay sum of Rs.4,00,000/- (four lakh) to the petitioner within a period of 15 days from the date of production of certified copy of this order.
The remaining amount will be intact as fixed deposit for the remaining period as mentioned in the fixed deposit no. 263969 dated 18.01.2018 of which due dated will be 18.01.2023.
With the above observation, the writ petition is disposed of.
Order Date :- 30.5.2019 A.Kr.*