Research › Search › Judgment

High Court of Chhattisgarh · body

2019 DAILYLAW 1267 (CHH)

RAMNIWAS SAHU v. AMRIT

WP227/315/2019 · 2026-01-11

Shri Sachin Singh Rajput

body2019

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 315 of 2019 1 - Ramniwas Sahu S/o Ramjeet Sahu Aged About 58 Years R/o Village Narayanpur, Police Station And Tahsil - Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Ijrail Mohammed S/o Sheikh Mohammed Aged About 48 Years R/o Village Narayanpur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ... Petitioner(s) versus 1 - Amrit S/o Patar Aged About 65 Years Occupation- Cultivator, R/o Village- Umapur, Police Station And Tahsil - Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 2 - Parvati W/o Amrit Aged About 60 Years Occupation Cultivator, R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 3 - Sonamani W/o Hemsai Aged About 35 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 4 - Sunil S/o Late Hemsai Aged About 30 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 5 - Purnima W/o Late Hemsai Aged About 22 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 6 - Mangli D/o Late Hemsai Aged About 22 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh 7 - Anil S/o Late Hemsai Aged About 18 Years R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2026.01.12 17:23:18 +0530 2 8 - Minor Somarsai S/o Late Hemsai Aged About 16 Years Minor Through Mother Sonamati, R/o Village Umapur, Police Station And Tahsil Ramanujnagar, District Surajpur Chhattisgarh., District : Surajpur, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Goutam Khetrapal, Advocate For Respondent(s) : Mr. Vikas Ghritlahre on behalf of Mr. Ashok Shukla, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 12/01/2026 This writ petition has been filed being aggrieved by the impugned order dated 06.03.2019 (Annexure P-1) passed in execution Case No. 157 of 2002 by the Additional Motor Accident Claims Tribunal, Surajpur, CG. By the impugned order, the petitioners were directed to send to civil jail as they failed to comply the Motor Accident Claim case award dated 07.04.2004 in Claim Case No. 57 of 2002 (Amrit and others Vs. Ijrail Mohammed and another) passed by the learned Tribunal. From the documents it appears that a claim case was filed by the respondents against the petitioners which culminated into above stated award. Later on appeal was preferred before this Court and after disposal of the same on 01.11.2011, the execution case was filed on 03.01.2013 of recovery of Rs. 5,36,734/-. It appears that the petitioners have not paid the amount therefore, the impugned order was passed sending them to civil jail. This Court on 15.04.2019 while admitting this writ petition directed the petitioners to deposit 50% of the decretal amount and stayed the issuance of warrant of arrest against the petitioner No. 1. 2. Learned counsel for the petitioner submits that an amount of Rs. 1,67,000/-was deposited before the learned claim Tribunal vide Cheque No. 3 003534 of Central Bank of India, Ramanujnagar Brach District Surguja, CG dated 22.04.2019. He submits that since an interim order was passed by this Court, the execution case pending before the learned Claims Tribunal was consigned to the record room, awaiting the order of this Court. He further submits that this writ petition may be disposed of reserving liberty in favour of the petitioner to contest the execution case, if any, exigency arises. 3. Not opposed by the other parties. 4. With the aforesaid liberty, this writ petition is disposed of. Before parting, it is observed that the learned Claims Tribunal shall make all endeavours to ensure that the award passed in favour of the respondents is duly executed and the benefits thereof are given to them. 5. The interim order stands discharged. The application is disposed of. Sd/- (Sachin Singh Rajput) Judge Pawan