Allahabad High Court
SMT AMLA DEVIversusPRESIDING OFFICER/MOTOR ACCIDENT CLAIMS TRIBUNAL AND 5 OTHERS
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The Court held that the fixed‑deposit amount must be released with interest, as there is no justification for investing it when the claimant is a major.
Summary
Smt. Amla Devi filed a writ petition before the Allahabad High Court seeking a direction to the Motor Accident Claims Tribunal, Moradabad, to release Rs. 2,00,000 that had been placed in a fixed deposit as part of a compromise order dated 13.12.2025. The compromise, arrived at in Lok Adalat, provided a total compensation of Rs. 8,00,000, of which Rs. 5,00,000 was to be paid, with Rs. 3,00,000 payable immediately and Rs. 2,00,000 to be invested in a fixed deposit. The petitioner contended, relying on the decision in Runna v. Vth Additional District Judge/MAT Gorakhpur, that when the claimant is a major there is no justification for such investment. The Court examined the precedent and held that the fixed deposit could not be retained against the petitioner’s rights. Consequently, the Court disposed of the writ petition directing the Tribunal to release the fixed‑deposit amount with accrued interest forthwith.
Issues considered
- Whether a Motor Accident Claims Tribunal can direct a portion of compensation to be invested in a fixed deposit when the claimant is a major.
- Whether the petitioner is entitled to the release of the fixed‑deposit amount with interest.
Subjects
- Motor Accident Claims Tribunal
- Compromise order
- Fixed deposit
- Major claimant
- Writ petition
- Interest
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 39540 of 2026
Smt Amla Devi
.....Petitioner(s)
Versus
Presiding Officer/Motor Accident Claims Tribunal
And 5 Others .....Respondent(s)
Counsel for Petitioner(s) : Ram Shiromani Yadav
Counsel for Respondent(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. Heard Ram Shiromani Yadav, learned counsel for the petitioner
2. This writ petition has been filed seeking direction upon the Prescribed
Authority/Motor Accident Claims Tribunal, Moradabad to release the
amount deposited in fixed deposit scheme in pursuance of the
compromised order passed by the Prescribed Authority/Motor Accident
Claims Tribunal, Moradabad vide order dated 13.12.2025 in MAC No.
506 of 2024.
3. Learned counsel for the petitioner submits that the matter was
compromised between the petitioner and the insurance company in Lok
Adalat on 13.12.2025 whereby a sum of Rs. 8,00,000/- was agreed to be
paid to the petitioner as compensation. The Prescribed Authority/Motor
Accident Claims Tribunal, Moradabad on 13.12.2025 accepting the
compromise had directed that out of Rs. 5,00,000/, Rs. 3,00,000/- was to
be released in favour of petitioner while Rs. 2,00,000/- was to be invested
in fixed deposit scheme in a nationalized bank.
4. It is contended that in case of Smt. Runna Vs. Vth Additional District
Judge/ Motor Accident Claims Tribunal, Gorakhpur [1988
(1)T.A.C.450 (All.)] it has been held that in case the claimants are major,
there is no justification for investing the amount in the FDR.
5. In view of the above, present writ petition is disposed of with a
direction to the Prescribed Authority/Motor Accident Claims Tribunal,
WRIC No. 39540 of 2026
2
Moradabad to release the FDR amount as above along with interest which
has accrued thereon in favour of the petitioner forthwith from the
production of a copy of this order downloaded from the official website of
the High Court.
6. The concerned Court/Authority/Official shall verify the authenticity of
such computerized copy of the order from the official website of High
Court Allahabad and shall act accordingly without waiting for submission
of the certified copy of this order.
(Rohit Ranjan Agarwal,J.)
September 30, 2026
A. V. Singh
Digitally signed by :-
AJAY VIKRAM SINGH
High Court of Judicature at Allahabad
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