Khushnuda & Anr. v. Burhan & Ors.

Delhi HC11 Mar 2025CM(M)/372/2025

Case brief

AI extract

What is this about?

Premature release of motor accident compensation; MACT Delhi MISC DJ 961/24; dismissal of premature-withdrawal application reversed in part; fixed deposit of awarded compensation; annual release of Rs. 2,00,000/- for five years; monthly interest credit to claimants; transfer of balance on maturity; modification of disbursement order dated 14.09.2024; Khushnuda v. Burhan; Delhi High Court CM(M) 372/2025; Justice Amit Mahajan; order dated 11.03.2025.

What did the court decide?

Petition disposed of by modifying the MACT order dated 14.09.2024: Rs. 2,00,000/- to be released annually to the claimants for the next five years from the deposited amount; the balance to remain in fixed deposit with monthly interest credited to the claimants' account; and the balance remaining after five years to be transferred to the claimants' account on maturity.

Khushnuda & Anr. Vs Burhan & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether Petitioner No. 1 (Khushnuda) was entitled to pre-mature release of the compensation awarded in her favour, which had been kept in fixed deposit pursuant to the MACT's order dated 14.09.2024, and if so, to what extent and on what schedule.

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Court's answer

A sum of Rs. 2,00,000/- from the deposited amount is directed to be released in favour of the claimants every year on completion of twelve months for the next five years.

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Ratio / Principle

The balance amount shall remain in fixed deposit as directed, of which the monthly interest shall be credited into the account of the claimants.

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Key takeaways

The balance amount left after the period of five years shall be transferred on its maturity into the account of the claimants.ratio¶¶15
The MACT's order dated 14.09.2024 stands modified to the extent of the aforesaid annual-release directions.ratio¶¶16
On CM APPL. 10870/2025 (exemption from filing certified copies of annexures), exemption is allowed subject to all just exceptions and the application is disposed of.ratio

Detailed headnote1 paragraphs

Delhi High Court (Amit Mahajan, J.; order dated 11.03.2025) disposed of CM(M) 372/2025, whereby the petitioners challenged the Motor Accident Claims Tribunal's order dated 17.12.2024 (MISC DJ 961/24) dismissing Petitioner No. 1's application for pre-mature release of motor accident compensation. The Tribunal's earlier order dated 14.09.2024 — under which Rs. 2,50,000/- had been disbursed and the balance of Rs. 22,50,000/- placed in five-year fixed deposits with monthly interest credited to the claimants — was modified: Rs. 2,00,000/- is now to be released to the claimants every year for the next five years, the balance continuing in fixed deposit with monthly interest credited to their account, and the remainder to be transferred to them on maturity after five years.

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$~2

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CM(M) 372/2025

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KHUSHNUDA & ANR. .....Petitioners Through: Mr. Ravi Tyagi, Adv.

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versus

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BURHAN & ORS. .....Respondents Through:

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CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R D E R % 11.03.2025

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CM APPL. 10870/2025 (exemption from filing the certified copies of annexures)

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Exemption allowed, subject to all just exceptions.

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The application stands disposed of. CM(M) 372/2025

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By the present petition, the petitioners challenge the order dated 17.12.2024, passed by the learned Motor Accident Claims Tribunal ( MACT ) in MISC DJ 961/24, whereby the application filed by Petitioner No. 1 seeking pre-mature release of the compensation awarded in her favour was dismissed.

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A sum of ₹2,50,000/- was disbursed in favour of the claimants by the order dated 14.09.2024 passed by the MACT. The balance compensation amount of ₹22,50,000/- was directed to be kept in fixed deposit for a period of five years with monthly accruing interest. The monthly interest accruing on the fixed deposit was directed to be credited into the account of the claimants.

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Considering the totality of circumstances, a sum of

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:05:36

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2,00,000/- from the deposited amount, is directed to be released in favour of the claimants every year on completion of twelve months for the next five years. The balance amount shall remain in fixed deposit as directed, of which the monthly interest be credited into the account of the claimants. The balance amount left after the period of five years shall be transferred on its maturity into the account of the claimants.

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The order dated 14.09.2024 is modified to that extent.

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The present petition is disposed of in the aforesaid terms.

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AMIT MAHAJAN, J

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MARCH 11, 2025 ‘KDK’

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 17/03/2025 at 11:05:36

Khushnuda & Anr. v. Burhan & Ors.

Case brief

What is this about?

What did the court decide?

Khushnuda & Anr. v. Burhan & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Procedural history

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