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2025 DAILYLAW 53454 (CHH)

SMT. DHANDESHWARI SAHU v. HRIDAYLAL SAHU

WP227/1294/2025 · 2025-12-09

Shri Sachin Singh Rajput

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1294 of 2025 1 - Smt. Dhandeshwari Sahu W/o Late Balram Sahu Aged About 29 Years R/o Village Sankara Bhothidih, Police Station And Tahsil Magarlod, District Dhamtari (C.G.) 2 - Minor Durgesh Sahu S/o Late Balram Sahu Aged About 4 Years (Minor Through Their Natural Gaurdian Mother Smt. Dhandeshwari Sahu), R/o Village Sankara Bhothidih, Police Station And Tahsil Magarlod, District Dhamtari (C.G.) 3 - Smt. Sonkunwar Sahu W/o Late Dindayal Sahu Aged About 70 Years R/o Village Sankara Bhothidih, Police Station And Tahsil Magarlod, District Dhamtari (C.G.) ... Petitioner(s) versus 1 - Hridaylal Sahu W/o Okram Sahu Aged About 39 Years R/o Ward No. 3 Lafin Khurd, Police Station, Tahsil And District Mahasamund (C.G.) 2 - Bajaj Allianz General Insurance Co. Ltd. Division Office Shivmohan Bhawan, Jivan Bima Road, Pandari Raipur, Tahsil And District Raipur (C.G.) (Party Made As Per Annexure P-4) ... Respondent(s) For Petitioner(s) : Mr. Kripesh G. Kela, Advocate Hon’ble Shri Justice Sachin Singh Rajput Order on Board 10/12/2025 Heard on admission. PAWAN KUMAR Digitally signed by PAWAN KUMAR Date: 2025.12.10 17:23:18 +0530 2 2. This writ petition has been filed against the order dated 11.11.2025 passed by the Second Motor Accident Claims Tribunal, Mahasamund, CG. By the impugned order, the application of the petitioner for premature withdrawal of the awarded amount which is invested in fixed deposit has been rejected as the record of the claim case has been sent to the High Court and in absence of such, the application cannot be considered. 3. Learned counsel for the petitioner submits that in Claim Case No. H- 98/2022 vide its award dated 09.02.2024 claim tribunal awarded compensation of Rs. 2036503/- in favour fo the petitioners. Against which an appeal has been flied by the insurance company and the record of the said claim case has been sent to this Court. The petitioners are need of money as they wanted to construct the house therefore, an application for premature withdrawal of the awarded amount is made. He submits that at this stage, he may be permitted to withdraw this writ petition with liberty to file a fresh application before the learned claims tribunal. 4. With these observations, this writ petition is disposed of. Sd/- (Sachin Singh Rajput) JUDGE Pawan