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(2025) Law Today Live Doc. Id. 20679 = 2025:PHHC:178760
Decided on: 24.12.2025
Present:
Mr. Shashi Kant Gupta, Advocate, for the petitioner.
Motor Vehicles Act, 1988 (59 of 1988), Section 166 -- Compensation in motor vehicle accident case -- Functus officio -- Application for Release of FDR in new account -- Learned MACT, declined the application on the grounds that the Tribunal has become functus officio after ordering the release of FDR – Held, considering the fact that release of amount is still not made and until and unless award holder get the amount of compensation, Tribunal retains the jurisdiction -- Impugned order set aside -- Learned MACT directed to decide the application of the petitioner.
(Para 4, 5)
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VIRINDER AGGARWAL, J. (ORAL) –
1. Petitioner filed the instant civil revision petition assailing the order dated 16.09.2025, vide which, the learned MACT has declined the application filed by the petitioner for release of the FDR in the bank account after opening a separate account of the applicant.
2. Facts leading to the filing of the present petition are that petitioner got injured in a motor vehicle accident and filed a claim petition i.e. CIS No.MACT/371 of 2020 and the same was decided in his favour vide award dated 12.12.2023 and compensation of Rs.15,89,000/- along with interest @7.5% per annum was ordered to be paid to the petitioner. 25% of the award amount was to be paid in cash and remaining was to be deposited in FDR fetching maximum interest with nationalized bank for a period of two years. Thereafter, petitioner moved an application for premature release of the FDR and the same was allowed vide order dated 06.09.2025, copy of which is Annexure P-4. Subsequently, petitioner moved another application seeking directions of the MACT, Narnaul for authorities of Union Bank of India, Narnaul to open a separate account for the petitioner and for release of FDR amount in that account. That application was dismissed vide impugned order.
3. I have heard counsel for the petitioner at length and perused the record carefully.
4. Counsel for the petitioner submitted that the amount solely belonged to the petitioner and FDR is ordered to be encashed and now he intends to get the amount released in a new account as earlier account number given by him was a joint account along with his wife and the relations between him and his wife are strained now so in order to avoid any complication, he requires the amount to be released in his account. Impugned order shows that the learned MACT, Narnaul has declined the application on the grounds that the Tribunal has become functus officio after ordering the release of FDR but considering the fact that release of amount is still not made and until and unless award holder get the amount of compensation, Tribunal retains the jurisdiction, as such, the learned MACT, Narnaul has not exercised the jurisdiction vested in her.
5. In view of this, the instant petition is disposed of and the impugned order is set aside. Learned MACT, Narnaul is directed to decide the application of the petitioner.
6. As a natural corollary, since the main case stands disposed of, all pending miscellaneous application(s), if any, shall also stand disposed of, as no fruitful purpose would be served by keeping them pending.
Order accordingly.
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