Allahabad High Court
Khushdeep Kaur Thru. His Mother, ... vs Additional Session Judge/M.A.C.T. ... on 23 September, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2024:AHC-LKO:65946 Court No. - 19 Case :- MATTERS UNDER ARTICLE 227 No. - 591 of 2024 Petitioner :- Khushdeep Kaur Thru. His Mother, Gurudeep Kaur Respondent :- Additional Session Judge/M.A.C.T. Court No. 5, Lakhimpur Kheri And 2 Others Counsel for Petitioner :- Arun Singh Somvanshi Counsel for Respondent :- Satyajit Banerji,Vinay Shankar Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Arun Singh Somvanshi, the learned counsel for the petitioner, Sri Satyajit Banerji, the learned counsel for the opposite party no.2- National Insurance Company Ltd and perused the records.
2. By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner, who is a minor girl aged 13 years has approached this Court through her mother assailing validity of an order dated 14.12.2023 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri in Miscellaneous Case No.656 of 2023 relating to MACP No.399 of 2014, whereby an application for permission for premature withdrawal of amount deposited in a fixed deposit has been rejected.
3. The petitioner lost her father in a motor accident on 23.10.2014. MACP Case No.399 of 2014 was filed for claiming compensation due to death of the petitioner's father, which claim was allowed by means of an order dated 29.04.2016 passed by the Motor Accident Claims Tribunal, Lakhimpur Kheri and a sum of Rs.6,69,912/- was awarded to the claimants, which include her mother, the petitioner, her elder sister, her mother and her grandparents. Out of the aforesaid amount, 40% amount was ordered to be paid to the petitioner's mother andOut of the amount falling in share of the petitioner, 10% amount was ordered to be paid to her mother and the remaining 90% was ordered to be deposited in a fixed deposit. Thus the petitioner's share comes to merely Rs.1,33,982/- out of which merely about Rs.13,400/- were paid to the petitioner and the remaining amount was deposited in a fixed deposit amount.
4. The petitioner sought release of the amount deposited in the fixed deposit on the ground that her mother is unable to meet expenses for her education.
5. The application has been rejected by the Motor Accident Claims Tribunal on the ground that some amount deposited in a fixed deposit falling in share of petitioner's sister has been released and, therefore, no further amount should be released.
6. It is an unfortunate case where the petitioner lost her father on 23.10.2014, when she was merely six years of age. She was awarded Rs.1,33,982/- in the year 2016, out of which merely a sum of Rs.13,400/- was paid to her mother. A period of 8 years has elapsed since then.
7. No body can expect a child to be maintained and educated for a period exceeding eight years, out of a meager amount of Rs.13,400/-. In case, the amount, to which the petitioner is entitled, continues to remain deposited in Bank till the petitioner attains majority and is paid to her thereafter and meanwhile the petitioner cannot get education and other necessities of life, the amount that will be paid to her after attaining majority, would become meaningless as it will not enable the petitioner to make good the losses suffered by him for want of money during her formative years.
8. Keeping in view the aforesaid discussions, this petition isallowed.
9. The impugned order dated 14.12.2023 passed by the Presiding Officer, Motor Accident Claims Tribunal, Lakhimpur Kheri in Miscellaneous Case No.656 of 2023 arising out of MACP No.399 of 2014 is set aside.
10. It is ordered that the balance amount payable to the petitioner in furtherance of the order dated 29.04.2016 passed by Motor Accident Claims Tribunal / Additional District Judge, Court No.5, Lakhimpur Kheri in MACP Case No.399 of 2014, shall be released in favour of the petitioner through her mother and natural guardian Smt. Gurudeep Kaur, forthwith.
Order Date :- 23.9.2024 KR