MAFATBHAI Vs. PRADEEP TRANSPORT

JUDGEMENT

(1.) The petitioner being aggrieved by the order dtd. 30/9/2022 passed below Exhibit-1 in MACMA No.475 of 2022, is before this Court with prayer to quash and set aside the said order and for an appropriate direction to the learned Motor Accident Claim Tribunal (Main), Anand to disburse the entire amount in compliance of the order passed on 12/3/2022 in Mega Lok Adalat in First Appeal No.2219 of 2020.

(2.) Mr. A.R. Dwivedi, learned advocate for the petitioner submitted that in spite of a specific order and direction of this Court to disburse the amount lying in the F.D. in favour of the claimants through electronic transfer after due verification, the learned Tribunal overreaching the order of this Court had passed an order directing Nazir to deposit the same for further period of four years i.e. for total five years with condition that no loan or advance would be floated to the applicants without prior permission of the Tribunal.

(3.) Motor Accident Claim Petition No.640 of 2017 was filed in the Tribunal at Anand and the petition came to be partly allowed vide judgment and award dtd. 6/12/2019, wherein the award was passed for Rs.1, 15,753..00 Aggrieved by the said order, the Insurance Company filed First Appeal No.2219 of 2020, and in view of consent terms, the appeal stood disposed of in the Mega Lok Adalat and the conciliation order dtd. 12/3/2022 was passed. In para (4) of the conciliation order, this Court has passed the direction as under: