DHANO DEVI AND ORS v. NEW INDIA ASSURANCE COMPANY LIMITED AND ORS
C.M.P./292/2016 · 2025-12-05
Gautam Kumar Choudhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32069 (JHR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32069 (JHR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
2025:JHHC:36616
IN THE HIGH COURT OF JHARKHAND AT RANCHI
C. M. P. No. 292 of 2016
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1. Dhano Devi, W/o Late Budhan Prajapati @ Budhan Prasad
2. Sanjay Prajapati @ Sanjay Kumar Prajapati, S/o Late Budhan Prajapati @ Budhan Prasad
3. Sumitra Kumari (Devi), D/o Late Budhan Prajapati @ Budhan Prasad
4. Goutam Prajapati @ Sandip Kumar Prajapati, All R/o Village-Mayatu, P.O.-Sultana, P.S.-Katkamsandi, Dist.-Hazaribag … …. Petitioners
Versus
1. New India Assurance Company Limited, Divisional Office BSFC Building, Fraser Road, Patna, P.O., P.S. & Dist.-Patna, Bihar
2. Jageshwar Prasad Sao, S/o Shivtahak Sao, R/o Munni Bhawan Bazar Tand, At P.O. & P.S.-Mandu, Dist.-Hazaribag, (now Ramgarh)
3. Jaleshwar Sao, S/o Thakur Sao, R/o At & P.O. & P.S.-Mandu, Dist. Hazaribag (now Ramgarh)
4. Yognendra Singh, R/o At P.O. -Jhumri Tilaya, P.S.-Telaya, Dist.-Koderma
5. National Insurance Company Limited, Jhumritilaya, P.O.-Jhumri Tilaya, P.S.-Telaya, Dist.-Koderma
6. Ravindra Singh, S/o Ram Balak Singh, R/o Ashnabad, P.O. & P.S.-Telaya, Dist.-Koderma
… …. Opp. Parties
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
----- For the Petitioners
: Mr. Santosh Kumar, Advocate
Mr. Ranjan Kr. Singh, Advocate
----- Oral Order
05 / Dated : 05.12.2025
The instant civil miscellaneous petition has been filed by the claimants for release of the statutory amount of Rs. 25,000/- deposited by the Appellant New India Assurance Company Limited in M.A. No. 120 of 2004, on the ground that they have not received any compensation amount even after dismissal of the appeal against the Judgment and award of compensation.
Even if it is assumed that no payment has been made, it is for the petitioners to move the learned Tribunal for release of the compensation amount, as the Misc. Appeal, preferred by the Insurance Company against the
judgment of award of compensation, was dismissed.
It is only the Insurance Company which can claim release of the statutory amount deposited at the time of filing of the appeal, and not the claimants.
This civil miscellaneous petition stands dismissed. Pending, I.A. if any, stands disposed of.
(Gautam Kumar Choudhary, J.) AKT/Satyendra Uploaded on 08.12.2025