LALITA DEVI Vs. MOTOR ACCIDENTS CLAIMS TRIBUNAL

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and learned Standing Counsel.

(2.) It appears that the petitioner's husband died in a motor accident and she filed a claim petition before the Motor Accidents Claims Tribunal which was allowed by the judgment dated 30.5.1995 vide Annexure-1 to the writ petition. The amount decreed has been deposited by the insurance company as stated in para 4 of the writ petition. However, when the petitioner applied for the release of this amount by the impugned order dated 25.5.1996 only a sum of Rs. 65,200/was released in her favour and the balance was directed to be deposited in a nationalised bank. Aggrieved, this writ petition has been filed.

(3.) The petitioner is admittedly a major and in law a major is supposed to know his or her interest. Hence, there was no justification for the court below to have released only part of the amount decreed in her favour. On the facts of the case, I set aside the order dated 25.5.1996 and direct that the amount awarded to the petitioner by the judgment dated 30.5.1995 be released in her favour forthwith. The writ petition is allowed. No order as to costs.