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2017 Supreme(Raj) 2215

SANGEET LODHA
Vidhya Devi – Appellant
Versus
Branch Manager, Reliance General Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Mr. Om Rajpurohit.

ORDER :

Sangeet Lodha, J.

1. This writ petition is directed against the order dated 3.4.17 passed in Motor Accident Claim Case No. 42/09 by the Motor Accident Claims Tribunal, Churu, rejecting an application preferred by the claimant for premature release of the amount kept in the FDR in terms of the award passed in her favour.

2. The application preferred as aforesaid, has 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 the Jaipur Bench of this Court dated 10.3.14 rendered in the matter of Kapil Lodha vs. The Judge, MACT, S.B. Civil Writ Petition No. 300/2009.

3. Learned counsel appearing for the petitioner submits that the issue raised in the present petition stands covered by a decision of this Court dated 10.5.17 rendered in the matter of Vimla and Another vs. Learned Judge, Accidental Claims Tribunal, Churu, S.B. Civil Writ Petition No. 3590/2017 along with connected matter.

4. In Vimla's case (supra), this Court after due consideration of the provisions of Rule 10.22 of the Rajasthan Motor Vehicles Rules, 1990, has set aside the similar order passed by the Mot




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