WRIC/40468/2026 of SMT RAJRANI DEVI Vs DHEERAJ MISHRA AND ANOTHER on 5 October 2026

1. This writ petition has been filed assailing the order dated 15.07.2026 passed by Motor Accident Claims Tribunal, North, Prayagraj in Refund Misc. Application No.164 of 2025 related to Refund Application No.307 of 2025 arising out of Claim Petition No.811 of 2018.

2. It is contended that an accident took place on 16.07.2018, in which, one Shiv Kumar Singh unfortunately died. A claim petition was moved by petitioner before Motor Accident Claims Tribunal, Prayagraj wherein, on the basis of compromise entered between the parties on 06.05.2025, Tribunal has passed an award to the extent that 60% of the awarded amount to be paid to the petitioner, and rest 40% to be deposited in Fixed Deposit.

3. An application was moved by the petitioner on 13.09.2025 for releasing the amount kept in fixed deposit in which Tribunal vide order dated 15.07.2026 has released 20% amount out of 40%, kept in fixed deposit.

4. The Coordinate Bench of this Court in case of Smt. Runna v. Vth Additional District Judge / Motor Accident Claims Tribunal, Gorakhpur, 1996 (3) AWC 1695, has held that the Tribunal cannot keep the money in long term fixed deposit, and once the claimants are major it has to be released.

5. In view of the said fact, order impugned dated 15.07.2026 is hereby set aside. The Motor Accident Claims Tribunal, Prayagraj is directed to release the amount kept in fixed deposit in favour of the claimants forthwith.

6. Writ petition stands allowed. October 6, 2026 SK Goswami Versus Counsel for Petitioner(s) : Shiv Singh Counsel for Respondent(s) :

(Rohit Ranjan Agarwal,J.) Smt Rajrani Devi .....Petitioner(s) Dheeraj Mishra And Another .....Respondent(s) Digitally signed by :- SHIVAKANT GOSWAMI High Court of Judicature at Allahabad