Petitioner challenges the investment of her accidental death compensation in a fixed deposit by the Motor Accident Claims Tribunal. The court directs the release of the amount and accrued interest immediately.
Direction to release the fixed deposit amount and accrued interest to the petitioner forthwith.
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Court No. - 37
Case :- WRIT - C No. - 5016 of 2021
Petitioner :- Smt. Renu
Respondent :- Prescribed Authority/Motor Accident Claims Tribunal Meerut 4 Others
Counsel for Petitioner :- Satya Deo Ojha
Hon'ble Rajiv Joshi,J.
Heard Sri Satya Deo Ojha, learned counsel for the petitioners.
By means of the present writ petition, the petitioner seeks a direction in the nature of mandamus commanding the respondent Court of Prescribed Authority/Motor Accident Claims Tribunal Meerut to release the amount deposited in fixed deposit scheme in pursuance of the compromised order passed by respondent no.1 Prescribed Authority/Motor Accident Claims Tribunal Meerut.
It is submitted by learned counsel for the petitioner that the petitioner filed a claim petition before the Motor Accident Claims Tribunal (for short "Tribunal") for the death of her husband and the Tribunal awarded 7,00,000/- (seven lacs) on the basis of a compromise to the claimant-petitioner and her son. It is further submitted that the Tribunal has awarded of Rs. 5,00,000/- to the petitioner out of said amount, Rs. 3,00,000/- of petitioner was directed to be invested in the FDR for long term. It is next submitted that the petitioner is major and there is no justification for the Tribual to invest the said amount in the FDR. In support of his contention he has placed reliance upon the judgment of this Court in Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, Gorakhpur [1988 (1)T.A.C.450 (All.)]. in which it is held that in case the claimants are major, there is no justification for investing the amount in the FDR.
In the facts and circumstances of the case, the writ petition is disposed of with the direction to the Prescribed Authority/Motor Accident Claims Tribunal Meerut to release the FDR amount as above along with interest which may have accrued thereon in favour of the petitioner forthwith from the production of certified/computerized copy of this order.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 12.2.2021/Akbar
1 issue framed by the court
Whether the Motor Accident Claims Tribunal acted correctly in investing the awarded settlement amount in a fixed deposit for a major claimant.
Colour shows how this judgement treated each authority
Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, GorakhpurReferred¶9
Smt. Runna Vs. Vth Additional District Judge/ Motor Accident Claims Tribunal, Gorakhpur [1988 (1)T.A.C.450 (All.)]
Smt. Renu
Prescribed Authority/Motor Accident Claims Tribunal Meerut
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
