Asini @ Asii v. Rajender Singh and Others
Case brief
What is this about?
In this revision petition under Article 227 of the Constitution, the High Court modified the Tribunal's order to release the entire compensation share awarded to the adult petitioner-mother, relying on Supreme Court precedents regarding an adult's right to funds, thereby lifting the previous restriction to release only 50%.
What did the court decide?
The impugned order dated 19.5.2011 was modified to release the entire compensation amount falling to the petitioner.
What the court decided
CR No.5090/2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.5090/2011 Date of decision: 09.11.2011.
Smt.Asini
....................Petitioner
v.
Rajender Singh and others
.....................Respondents
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.Rajesh Arora,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Issues for consideration
2 issues framed by the court
Whether the Motor Accident Claims Tribunal was justified in withholding 50% of compensation awarded to an adult petitioner.
Whether the restriction on release of compensation should be modified in view of adult status and demonstrated financial need.
Parties & counsel
- petitioner
Asini
- respondent
Rajender Singh
Coram
Jaswant Singh
Case details
As recorded by the court registry
- Court
- Punjab & Haryana HC
- Decided on
- · November
- Registered
- Case no.
- CR/5090/2011
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