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Smt. Shakuntala Devi And Another v. M.A.C.T. And Another - WRIT - C No. 30047 of 2007 [2007] RD-AH 11754 (11 July 2007)


This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).


Hon'ble Arun Tandon, J.

In Motor Accident Claim Petition No. 168 of 2004 petitioner has been awarded a sum of Rs. 1,65,473/- while other dependants have been awarded different amount as noticed in the order of the Tribunal itself.  The Tribunal provided that out of Rs. 1,65,473/-,  a sum of Rs. 25,000/- will be paid to the petitioner and the balance shall be deposited in a nationalised bank for three years.   Petitioner has made an application for release of the balance amount in her favour on the ground that her husband's father had taken a loan from U.P. Sahkari Bank and it would be appropriate that the loan may be re-paid in order to avoid liability of interest in the future.  

The application has been rejected under the order dated 24.2.2007 of the Motor Accident Claim Tribunal. The petitioner thereafter made an other application for the same purpose which has also been rejected under the order dated 13.3.2007.  

In the opinion of the Court the Motor Accident Claim Tribunal has ignored the settled principles of joint Hindu family and, therefore, if the daughter-in-law wants to re-pay the loan, it cannot be said that the desire in that regard is unwarranted.

In the opinion of the Court the order passed by the Motor Accident Claim Tribunal is misconceived.  The order is, therefore, quashed. Writ petition is allowed.

Let the Motor Accident Claim Tribunal re-consider the application of the petitioner in accordance with law having regard to the genuine need of the petitioner and may verify the correctness of the loan said to be due.  He may pass such suitable orders as may be necessary and in the interest of justice. The Tribunal may ensure that for repayment of the loan petitioner may furnish an account payee cheque in favour of  the Bank before the money is released in her favour. The aforesaid exercise must be completed within four weeks from today.

Dated: 11.7.2007



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