IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 5121/2020 Decided on: 27.08.2026 Ram Bahadur & Anr. .…Petitioners Versus Director Transport Parivahan Bhawan & Ors. ……Respondents Coram Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?1 For the petitioners : Mr. K.R. Thakur, Advocate. For the respondents : Ms. Shubh Mahajan, Sr. Advocate with Mr. Naresh Mahajan, Advocate, for respondent No.1. Ms. Seema Sharma, Deputy Advocate General, for respondent No.2 & 3. Jyotsna Rewal Dua, J The petitioners claim ex gratia amount in respect of an accident that took place on 05.11.1989 involving an HRTC bus, wherein their parents and three brothers met with an unfortunate death. As per the case projected by the petitioners, they were minors at that time and after the accident left for their native country, Nepal, and were raised by their uncle, Sh. Sheti Ram. It is not in dispute that the compensation 1 Whether reporters of the local papers may be allowed to see the judgment? yes 2 determined by the concerned learned Motor Accident Claims Tribunal has already been disbursed to the petitioners through Sh. Sheti Ram, and thereafter to the petitioners on attaining the age of majority. From pages 34 and 35 of the paper book, it appears that ex gratia amount of Rs. 1,22,500/- was also disbursed to the legal heirs of victims, through one, Sh. Raju, S/o Dhan Bahadur, Village Bhadhu, Post Office Kalti, District Bajura, Nepal, on 11.03.1999 by cheque. 2. The petitioners claim that they did not receive the ex- gratia amount. According to the respondents, the amount was released to their caretaker, however, in terms of the reply, records are not available with the respondents pertaining to the accident that had taken place more than 35 years ago. 3. Considering the factual dispute involved, keeping in view the stand of the respondents, as also the reply filed by Additional District Magistrate Pooh, District Kinnaur (Pages-34 & 35) to the legal notice issued at the behest of the petitioners, the relief as prayed for by the petitioners cannot be granted to them in exercise of writ jurisdiction. The writ petition is disposed of with liberty reserved to the petitioners to seek appropriate remedy for the redressal of their grievance, in accordance with law. In case, petitioners resort to such remedy, the period spent in pursuing this litigation shall not be computed for the purpose of limitation. 3 Pending miscellaneous application(s), if any, shall also stand disposed of. Jyotsna Rewal Dua Judge 27th August, 2026 (Rohit)