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2017 Supreme(Raj) 406

SANGEET LODHA
Vimla W/o Late Sh. Sanwar Mal – Appellant
Versus
Learned Judge, Accidental Claims Tribunal, Churu – Respondent


Advocates Appeared:
For the Petitioner: Mr. K.R. Saharan, Mr. N.L. Joshi

JUDGMENT :

1. These writ petitions are directed against order dated 10.3.17 passed in Motor Accident Miscellaneous Case No. 44/16 and order dated 9.2.17 passed in Motor Accident Miscellaneous Case No.71/15 & 13/15, by the Motor Accident Claims Tribunal, Churu (for short “the Tribunal”), rejecting the applications preferred by the claimants for pre mature release of the amount kept in FDRs in terms of the awards passed in their favour.

2. The applications preferred as aforesaid by the claimants seeking pre mature release of the FDRs have been rejected by the Tribunal solely on the ground that the Tribunal has no jurisdiction to review the award. In this regard, the reliance has been placed on a decision of Jaipur Bench of this court dated 10.3.14 rendered in the matter of “Kapil Lodha vs. The Judge, MACT” (S.B.C. Writ Petition No.300/09).

3. In Kapil Lodha’s case (supra), a coordinate Bench of this court while dealing with the issue regarding the jurisdiction of the Tribunal in entertaining an application seeking pre mature release of the FDR, relying upon a decision of the Hon’ble Supreme Court in the case of “General Manager, Kerala State Road Transport Corporation Trivandrum vs. Mrs













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