Extracted from the PDF above. The PDF is authoritative.
1 2025:CGHC:1706 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 576 of 2024 1 - Susheela Paikra Wd/o Ram Singh Aged About 28 Years Caste - Kanwar, R/o Village Pakni, Police Station Bhaiyathan, District Surajpur (C.G.)
... Petitioner versus 1 -None Nill ---- Respondent For Petitioner : Mr. Akash Shrivastava, Advocate. Hon'ble Shri Justice
Rakesh Mohan Pandey
Order on Board 10.01.2025
1. Heard. 2. The petitioner has filed this petition seeking the following relief(s):-
“1. Allow this petition and set-aside the impugned order dated 24.2.2024 (Annexure P/1) passed in Misc. Civil Case No.35 of 2024, by the learned Motor Accident Claims Tribunal, Surajpur, District Surajpur (C.G.) and thereby kindly pass the order for premature withdrawal of compensation amount from the FD and/ or
2. Pass any other order in the interest of justice, equity and good conscious, which this Hon’ble Court may think fit in the facts and circumstances of the case.” Digitally signed by SMT NIRMALA RAO
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3. Learned counsel for the petitioner would argue that in Claim Case bearing registration No. MACT No.164/2019, an award of Rs.1,32,088/- was passed in favour of the petitioner on 20.1.2021 and this amount was deposited in a fixed deposit account of Chhattisgarh State Gramin Bank, Branch Bhatgaon for a period of three years. He would contend that an application was moved by the petitioner before the learned Claims Tribunal for the withdrawal of the entire amount deposited in favour of the petitioner to renovate the damaged house. He would further contend that sufficient documents were filed along with the application before the Claims Tribunal but the application filed by the petitioner was rejected vide order dated 21.2.2024. 4. I have heard the learned counsel appearing for the petitioner and perused the documents placed on the record. 5. Taking into consideration the above-stated facts and the documents produced on record, the order passed by the learned Claims Tribunal is hereby quashed. 6. The petitioner would be at liberty to move a fresh application along with necessary documents and the concerned Tribunal is directed to decide it expeditiously preferably within a period of 30 days from the date of receipt of a copy of this order. Learned Claims Tribunal is directed to take a decision with regard to the release of the amount after verifying the fact of necessity. 3
7. With the aforesaid observation(s), the present petition is disposed of.
Sd/-
(Rakesh Mohan Pandey)
Judge Nimmi