PINKI SHARMA Vs. AMRAT PAL SINGH

JUDGEMENT

(1.) BY filing this petition under Article 227 of the Constitution, the petitioners have prayed for setting aside of the order of the Motor Accident Claims Tribunal (for brevity, the 'Tribunal'), whereby the amount desired by the petitioners is not released by the Tribunal.

(2.) THE petitioners filed an application for compensation under Motor Vehicles Act 1988 before the Tribunal. In turn, the respondents deposited the award amount before the Tribunal. As per the direction of the Tribunal, the award was deposited in the fixed deposits.

(3.) THIS order is called in question on the ground that the order is non- speaking and no reasons are assigned by the court below for rejecting the said application. It is further challenged on the ground that the award amount was deposited in two fixed deposits for Rs.1,75,000/- and Rs.2,54,909/-. In other words, it is argued that amount of Rs.1,75,000/- was in the name of petitioner whereas the amount of Rs.2,54,909/- was in the name of Pallavi, the minor daughter. Learned counsel for the petitioner submits that the petitioner has not prayed for withdrawal or premature reimbursement against the amount of Rs.2,54,909/-. She had prayed for releasing the FDR, which is in her name. Learned counsel for the petitioner relied on the judgment of this Court in WP No.7151/2010 (Smt. Urmila Devi and another vs. Komal Singh and others); WP No.3461/2011 (Smt. Harvans Kaur vs. Shital Singh and another); and, 1997 ACJ 445 (Durga Devi v. Motor Accidents Claims Tribunal, Kurukshetra) and 1997 ACJ 625 (Lalita Devi v. Motor Accidents Claims Tribunal, Gorakhpur).