Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:17720
NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WP227 No. 442 of 2021 1 - Minor Geetesh Vaishnav S/o Loknath Vaishnav Aged About 13 Years Resident of Village Thumsa, Police Station Patewa , Tahsil And District Mahasamund Chhattisgarh Through His Natural Guardian Uncle Rajendra Vaishnav Son of Santdas Vaishnav, Aged About 40 Years, Resident of Village Tumsa, Police Station Patewa , Tahsil And District Mahasamund, District : Mahasamund, Chhattisgarh. 2 - Rajendra Das Vaishnav S/o Santdas Vaishnav Aged About 34 Years Resident of Village Thumsa, Police Station Patewa, Tahsil and District Mahasamund Chhattisgarh. 3 - Ku. Sumitra Vaishnav D/o Late Santdas Vaishnav Aged About 20 Years Resident of Village Thumsa , Police Station Patewa , Tahsil And District Mahasamund Chhattisgarh.
... Petitioner(s) versus 1- Banshilal Kasyakar S/o Dinbandhu Kasyakar Aged About 65 Years Resident of Village Thumsa, Police Patewa , District Mahasamund Chhattisgarh (Owner of The offending Vehicle Eco Bearing Registration No. C.G. 06 G.C. 3193), District : Mahasamund, Chhattisgarh 2- Branch Manager The New India Insurance Company Ltd. Madina Building Jail Road, Raipur Chhattisgarh. (Insurer of The offending Vehicle Eco Bearing Registration No. C.G. 06 G.C. 3193
... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. A.D. Kuldeep, Advocate For Respondents : None though served. Hon'ble Shri Justice Rakesh Mohan Pandey
Order on Board 17.04.2025 1) The petitioner has filed this petition seeking the following relief(s):-
“10.1. That, the Hon'ble Court may kindly be pleased to quash Annexure P-1 and issue the
order or directions to learned claim tribunal to withdraw the fixed amount of Rs. 44,185/- of STD- GEN PUB-IND- 5Y-10Y-NIR of State Bank of India, Digitally signed by NADIM MOHLE
-2- branch Collectorate Mahasamund Collectorate Gourav Path Mahasamund-493445 Road, within stipulated time at looking to the above serious condition of the petitioner, in the interest of justice. 10.2 That, the Hon'ble Court may kindly be pleased to issue any other writ or writs/ order or orders/ direction or directions which the Hon'ble Court deemed fit and proper in the interest of justice.” 2) Mr. Kuldeep, learned counsel appearing for the petitioner would submit that the award was passed by the learned Additional Motor Accidents Claims Tribunal, FTC, Mahasamund, in claim case No. H-55/2015 dated 01.10.2018 to the tune of Rs. 7,05,000/- in favour of the claimants/petitioners. He would further submit that as per direction of the learned Claims Tribunal, an amount Rs. 5,00,000/- was deposited in the account of the petitioner (minor) till he attains the age of majority. He would also contend that an application was moved for withdrawal of fixed deposited amount before the learned tribunal and same was dismissed vide order dated 03.08.2021; thus, he would pray to allow the present writ petition. 3) Heard. 4) Perusal of the award would show that in the year 2015, the age of the petitioner was 8 years and in the present year 2025, he (petitioner No.1) would have attained the age of majority, and he may approach the concerned bank or the concerned tribunal for release of deposited amount. 5) Taking into consideration the above discussed facts, this petition is liable to be and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Nadim