Roshani Devi v. Iffco-tokio General Insurance Company Ltd
2018-11-22
SANDEEP SHARMA
body2018
DigiLaw.ai
JUDGMENT Sandeep Sharma, J. - Being aggrieved and dis-satisfied with the order dated 20.3.2018, whereby an application having been filed by the present petitioner/claimant for release of award amount lying deposited with the learned trial court came to be dismissed, has approached this Court in the instant proceedings filed under Article 227 of the Constitution of India, praying therein to release the entire amount lying deposited with the learned trial Court after setting aside the impugned order referred herein below. 2. Learned counsel for the respondents state that they have no objection in case prayer made in the instant petition is allowed. 3. Material available on record clearly suggests that impugned order dated 20.3.2018, passed by the court below is not sustainable in the eye of law and as such, same cannot be allowed to sustain. It is not in dispute that petition bearing No. 34-S /2 of 2014 having been filed by the complainant was allowed, as a consequence of which, entire compensation amount was deposited by the respondent-insurance company with the learned trial Court. It is also not in dispute that the respondent insurance company which has been saddled with the award amount, has not preferred any appeal against the award passed by the learned MACT below, rather claimant has filed appeal before this Court for enhancement of compensation awarded by the court below. 4. Application for release of amount having been filed by the petitioner Roshni Devi, came to be rejected on the ground that at one point of time, she had filed one application for release of amount, wherein 50 percent of her share was ordered to be released. It is not understood once claimant is major and there is no appeal pending against the award passed by the learned MACT below, how court below could refuse to release the remaining amount falling in the share of the applicant/claimant. Action of court in not releasing the amount in terms of prayer made in the application could be said to be justified, had applicant been minor but in the case at hand applicant/claimant is major and as such, court below ought to have ordered for release of entire award amount falling in her share, especially when there is no objection, if any, on the part of the non-applicant/respondent-insurance company. 5.
5. Consequently in view the above, present petition is allowed and order dated 20.3.2018, is quashed and set-aside and court below is directed to release the remaining amount along with upto date interest, lying deposited with it, in the share of the applicant/claimant by remitting the same in her saving bank account, detail whereof shall be furnished by the applicant/claimant within a period of two weeks, subject to verification. Petition is disposed of in the aforesaid terms, so also pending applications, if any.