1 2025:CGHC:3505 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 207 of 2024 1 - Safed Kumar (Died And Deleted) S/o Shri Mahendra Kumar Patel, Aged About 55 Years, R/o Village Saraipali, P.S. Saraipali, District Mahasamund Chhattisgarh. 2 - Smt. Maya Patel W/o Shri Safed Kumar Aged About 45 Years R/o Village Saraipali, P.S. Saraipali, District Mahasamund Chhattisgarh (Claimant). 3 - Anmol S/o Shri Vinay Kumar Patel Aged About 8 Years Minor Through Legal Guardian Grandfather Safed Kumar, R/o Village Saraipali, P.S. Saraipali, District Mahasamund Chhattisgarh (Claimant). ... applicants versus 1 - Gulshan Kumar S/o Shri Nirmal Das Aged About 30 Years R/o Bandana Tad, P.S. Chitiri District Gidi (Jharkhand) (Driver). 2 - Manoj Manchanda S/o Shri V.C. Manchanda R/o 20 Shaila, Mukharji Road, First Floor, Golabari Hawda (West Bengal) (Owner). 3 - Branch Manager The Reliance General Insurance Company Ltd. Ravi Bhawan Shop No. 212, 213, Near Jay Stambh Chowk, G.E. Road, Raipur Chhattisgarh (Insurer). 4 - Smt. Sunita Patel W/o Santosh Patel R/o Village Ajgarbar, Post Limbaraha, Tahsil Basna, District Mahasamund Chhattisgarh (Witness). ... Respondents For Applicants : Mr. Arjun Lal Singroul, Advocate For Res. No. 3 : Ms. Harneet Kaur holding brief of Mr. Saurabh Sharma, Advocate For Res. No. 4 : None, though served. 2 Hon’ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 20.01.2025 1. Present is a review petition filed by the claimants against the order dated 22.08.2024, passed by this Court in MAC No. 1733 of 2017 whereby this Court has enhanced the total amount of compensation of Rs. 1,15,000/- over and above the amount of compensation awarded by the learned Claims Tribunal and directed that 50% of the total amount of compensation shall be kept in fixed deposit in the name of claimant No. 3 Anmol son of Late Vineet Kumar Patel and further directed that the remaining amount shall be disbursed to the claimants and non-applicant No. 4 in equal proposal through account payee cheque or bank transaction. 2. Learned counsel for the applicants would submit that non-applicant No. 4- Ms. Sunita Patel was the wife of the deceased Vineet Kumar Patel and divorce has already been taken place between Non-applicant No. 4 and her husband Vineet Kumar Patel (since deceased) on 13.01.2015. After the divorce, Vinay Kumar Patel has died in the motor accident which has occurred on 20.04.2015. He would also submit that prior to the date of accident, she has already remarried with one Santosh Kumar Patel and was dependent upon him. Since she has already divorced and was not dependent upon the deceased Vineet Kumar Patel, she has not claimed the compensation on account of accidental death of Vineet Kumar Patel, however, considering her status, she was being made as non-applicant No. 4 in the claim application filed before the learned Claims Tribunal. While deciding the claim case No. 23/2015, the learned Claims Tribunal has awarded Rs. 1,00000/-(Rs. One lakh) in favour of 3 the non-applicant No. 4 and the remaining amount was awarded to the claimants. 3. Against the impugned award dated 31.03.2017, the claimants have filed an appeal before this Court for enhancement of the compensation amount whereas the Insurance Company has also filed an appeal challenging their liability. Both these appeals were decided together on 22.08.2024 and Rs. 1,15000/- has been enhanced over and above the total compensation awarded by the learned Claims Tribunal and in paragraph 16 of the order dated 22.08.2024 passed by this Court in MAC No. 1733 of 2017, it has been ordered that “out of total amount so deposited by the Insurance Company, 50% shall be deposited in the name of Claimant No. 3- Anmol by way of fixed deposit for the period of 5 years in any Nationalised bank. The remaining amount of compensation shall be disbursed to the claimants as as well as non-applicants No. 4 in equal proportion through account payee cheque/bank transaction.” 4. The Review petitioner is aggrieved by this part of the order that “the remaining amount shall be disbursed to the claimants as well as the non- applicant No. 4 in equal proportion”. He would further submit that since the Non-applicant No. 4 has not filed any appeal considering her status and the learned Claims Tribunal has already awarded Rs. 1,00000/- , therefore, she cannot be awarded more than 1,00000/- but by the order dated 22.08.2024, the remaining 50% amount is to be apportion in her favour also, therefore, the claimants would be suffered by huge loss and this part of the order may be reviewed. 5. On the other hand learned counsel for respondent No. 3 has has not opposed the submission made by the petitioner. 6. No one appears on behalf of respondent No. 4 though served. 4 7. In the award dated 31.03.2017, passed by the learned Claims Tribunal, it reflects in paragraph 19 that the non-applicant No. 4 only awarded Rs. 1,00,000/- on account of mental agony and pain and suffering. The non- applicant No 4 Smt. Sunita Patel has not challenged that part of the finding and not filed any appeal against the impugned award passed by the learned Claims Tribunal. It also appears that by the order impugned dated 22.08.2024, the non-applicant No. 4 is also entitled for the compensation in equal proportion with that of the applicants which does affect the rights of the claimants and therefore, this Court finds force in the submissions made by learned counsel for the applicants and the order dated 22.08.2024 needs to be reviewed by deleting that part of the order and substituting the other part therefore,the paragraph 16 of the order dated 28.02.2024 passed by this Court in MAC No. 1733 of 2017 is modified as followed: “ The penal interest awarded by the learned Claims Tribunal is also modified to the extent that the amount awarded by the learned Claims Tribunal as well as enhanced amount awarded by this Court shall carry the simple interest @ 6% per annum from the date of claim application till its realization. The amount of compensation is directed to be deposited by the insurance company within 90 days from today. Out of total amount so deposited by the Insurance Company 50% shall be deposited in the name of Claimant No. 3 Anmol S/o Late Vinay Kumar Patel in the fixed deposit for the period of 5 years in any Nationalised bank. Out of the remaining amount, Rs. 1,00000/- shall be paid to non-applicant No. 4- Smt. Sunita Patel as per paragraph 19 of the award passed by the learned Claims Tribunal and she is entitled for the compensation only to that extent. 5 The remaining amount shall be disbursed to the claimants in equal proportion through account payee cheque/bank transaction.” 8. With this modification in paragraph 16 of the order dated 22.08.2024 the instant Review petition is allowed. The order passed in this review petition shall be made as a part of the original order dated 22.08.2024 passed in MAC No. 1733 of 2017 by this Court. Sd/- (Ravindra Kumar Agrawal) Judge Digitally signed by AMITA DUBEY Date: 2025.01.28 09:22:04 +0530