Smt. Reena vs Rajendra Singh & Ors on 16 August, 2011

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                    S.B. Civil Writ Petition No.11046/2010
                                 Smt. Reena
                                       vs
                            Rajendra Singh & Ors.



     DATE OF ORDER:            16th August, 2011

                HON'BLE MR. JUSTICE DINESH MAHESHWARI


     None present for the petitioner.
                                    

           Nobody is present for the petitioner.

           This writ petition filed way back on 24.11.2010 is pending for

     admission and has been adjourned several times. It is appears that

     the petitioner has lost interest in prosecuting this writ petition any

     further.

           Even on merits, there appears no reason to entertain this writ

     petition. The petitioner is said to be the wife of the vehicular accident

     victim Rajesh. The respondents Nos. 4 and 5 are said to be the

     parents of said victim Rajesh.     In the claim for compensation as

     made before the Motor Accident Claims Tribunal, Bhadara, the

     petitioner has been joined as the non-applicant No.4. The learned

     Tribunal, while making directions for payment of first mentioned

     compensation, has directed Rs.50,000/- to be deposited by the

     Insurer and to be disbursed equally amongst the petitioner and the
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            respondents Nos. 4 and 5.

                  The petitioner has submitted in this writ petition that the

            respondent No.5 has other sources of income in a Grocery Shop and

            further, that the said respondent has agricultural income too,

            whereas the petitioner has no source of income. It is submitted that

            70% amount of no fault liability award ought to have been allowed to

            the petitioner.

                  The victim was said to be of 22 years of age and was son of

            the respondents Nos. 4 and 5. In the totality of the circumstances,

            so far the distribution of amount of Rs.50,000/- towards no fault

            liability is concerned, the learned Tribunal cannot be said to have

            acted beyond its jurisdiction in directing equal distribution of the

            amount amongst the petitioner and the respondents Nos. 4 and 5.

                  No case for interference in the writ jurisdiction is made out.

            The writ petition stands dismissed.


                                                  [DINESH MAHESHWARI], J.

cpgoyal/-