[2025:RJ-JP:5723] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 16826/2024 1. Smt. Chand Kanwar Alias Chand Devi W/o Late Nathu Singh (Deceased), 2. Abhimanyu Singh S/o. Late Nathu Singh, Aged About 44 Years, 3. Anand Singh S/o. Late Nathu Singh, Aged About 34 Years, All R/o Dhigariya Gurjaran, Tehsil Sarwar, District Ajmer (Raj.) ----Petitioners-Claimants Versus 1. Sohan Singh S/o. Shri Chittar Singh, R/o Ramner Ki Dhani, Police Station Gegal Via Kishangarh, District Ajmer (Raj.) (Driver Of Vehicle Car No. Rj-01-Ca-6635) 2. Gordhan Singh S/o. Shri Banney Singh, R/o Rampura Post Loharwada, P.s. Nasirabad Sadar, District Ajmer (Raj.) (Registered Owner Of Vehicle Car No. Rj-01-Ca-6635) 3. Icici Lombard General Insurance Company Ltd., Through Manager 9, Basant Bahar, Gopalpura, Flyover, Tonk Road, Jaipur (Valid Upto 14.10.2010 To 13.10.2011) (Insurance Company Of Vehicle Car No. Rj-01-Ca-6635) ----Respondents For Petitioner(s) : Mr. Praveen Kumar Jain For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 10/02/2025 1. Counsel for petitioners submits that petitioners were claimants who preferred a claim petition being MAC No.154/2011 under Section 166/140 of the Motor Vehicles Act, 1988, for grant of compensation on account of accidental death of their husband/father viz. Late Nathu Singh(deceased). In that claim [2025:RJ-JP:5723] (2 of 3) [CW-16826/2024] petition, vide award dated 26.02.2016, the Tribunal awarded compensation to the tune of Rs.15,44,216/-. Thereagainst, petitioners as also the Insurance Company preferred two separate appeals being S.B. CMA No.3412/2016 & S.B. CMA No.2640/2016. Both appeals were heard together and have been dismissed by the High Court vide common judgment dated 24.09.2018. 2. Counsel for petitioners have raised a grievance that the compensation amount so awarded in favour of petitioners has not been disbursed to petitioners as only 25% of such amount was disbursed and remaining 75% amount was kept in FDR. Those FDRs have been broken by the concerned Reader of the Claim Tribunal and he misappropriated/grabbed that amount for his personal use and in that connection one FIR No.59/2024 at Police Station Kekri Shehar, Kekri for offences under Sections 409, 467, 468, 471, 477, 120-B and 201 of IPC has been lodged as much as in such criminal proceedings, the accused, namely, Kamal Kisor Bhati has been arrested and presently he is in judicial custody. Counsel for the petitioners has made a prayer that such amount be directed to be disbursed to the petitioners. 3. Having considered the aforesaid contentions and prayer of the petitioners, this Court finds that it is not in dispute that the insurance company has deposited the entire compensation amount so awarded in favour of the petitioners. The 25% of compensation amount have already been disbursed to the petitioners. The dispute is in respect of remaining 75%, which according to the petitioners have been embezzled/grabbed by the person namely Kamal Kisor Bhati, against whom FIR has already [2025:RJ-JP:5723] (3 of 3) [CW-16826/2024] been registered and criminal proceedings are in the process against him. In that view of the matter, in exercise of jurisdiction under Articles 226 and 227 of the Constitution of India, this Court is not required to pass any further directions except granting liberty to the petitioners to proceed for recovery of such amount from the persons who have grabbed/misappropriated such amount of petitioners, in accordance with law. 4. In view of above, instant writ petition stands disposed of. 5. Any other pending application(s), if any, stands disposed of. (SUDESH BANSAL),J SOURAV /24