Allowed

Chintu v. National Insurance Company Limited Aligarh and Another

Allahabad HC23 Jan 2018WRIC/2978/2018

Case brief

AI extract

What is this about?

The High Court allowed this writ petition against the Motor Accidents Claims Tribunal order which directed release of only 20% of a fixed deposit amount. The Court directed the Tribunal to release the entire amount to enable the amputated petitioner to open a general merchant shop.

What did the court decide?

Directed the Motor Accidents Claims Tribunal to release the entire amount deposited in Fixed Deposit Account No. 001000PU00059868 within 15 days.

Chintu Vs National Insurance Company Limited Aligarh… — Motor Accident Claims | Allahabad HC (2018)

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Court No. - 2

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Case :- WRIT - C No. - 2978 of 2018

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Petitioner :- Chintu

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Respondent :- National Insurance Company Limited Aligarh And Another Counsel for Petitioner :- A.T. Pandey

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Hon'ble Ram Surat Ram (Maurya),J.

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Heard Sri A.T. Pandey for the petitioner.

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This writ petition has been filed against the order of Motor Accidents Claims Tribunal/Additional District Judge, Court No. 3, Aligarh dated 23.5.2017, by which the application of the petitioner for release of the amount deposited in Fixed Deposit has been partly allowed and a direction has been issued to release 20% of the amount deposited in Fixed Deposit.

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The petitioner met with an accident, due to which, his right leg was amputated. The petitioner filed M.A.C.P No. 600/2013, which was allowed by the order dated 28.1.2016. Out of the award amount, Rs. 3,58,497/- was deposited in Fixed Deposit for a period of three years. Since one leg of the petitioner has been amputated, the petitioner is not fit for any other employment. The petitioner therefore decided to open a small general merchant shop to earn his livelihood. The petitioner moved an application for release of the amount, so that he can open the general merchant shop. Although in the impugned order, Motor Accidents Claims Tribunal found the need of petitioner as genuine, but it has merely directed to release 20% of the amount deposited in Fixed Deposit.

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Counsel for the petitioner submitted that release of 20% amount is useless, inasmuch as, the purpose of the petitioner for opening general merchant shop could not be served from it.

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I have considered the arguments of counsel for the petitioner and examined the record. In the application, the petitioner has mentioned the purpose for releasing the amount to open a small general merchant shop. Although the court below in the impugned order has found the need of the petitioner as genuine, but a part of the money has been directed to be released, which will not serve the purpose.

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In the result, the writ petition succeeds and is allowed . Motor Accidents Claims Tribunal/Additional District Judge, Court No. 3, Aligarh is directed to release the entire amount deposited in the name of the petitioner in Account No. 001000PU00059868, within 15 days from the date of production of a certified copy of this order before him.

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Order Date :- 23.1.2018/Jaideep/-

Chintu v. National Insurance Company Limited Aligarh and Another

Case brief

What is this about?

What did the court decide?

Chintu v. National Insurance Company Limited Aligarh and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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