-1- 2025:CGHC:7184 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 137 of 2025 1 - Maheshwari Yadaw @ Chhoti Yadaw D/o Baisakhu Yadaw Aged About 20 Years R/o Village - Medpar Bazar, Police Station - Hirri, Tahsil - Takhatpur, District - Bilaspur (C.G.). ... Petitioner(s) versus 1 - Rajendra Singh S/o Dhan Bahadur Singh R/o Village - Dubi Post - Rampur, Tahsil - Naigarhi, District - Riwa (M.P.) ---- (Owner Of The Vehicle Bus No. C.G.-04-E-8733) 2 - The New India Insurance Company Limited, Through Branch Manager, Branch Office 2nd Floor, Rama Trade Centre, In Front Of Rajiv Plaza, Old Bus Stand, Bilaspur, Police Station - City Kotwali, Tahsil And District - Bilaspur (C.G.). -- (Insurer Of The Vehicle Bus No. C.G.-04-E-8733) 3 - Khagendra Singh @ Munna S/o Padamdhar Singh Aged About 38 Years R/o Village- Bargawan, Tahsil - Naigarhi, District - Riwa (M.P.), --- (Driver Of The Vehicle Bus No. C.G.-04-E-8733) ---- Respondents (Cause Title taken from Case Information System) For Petitioner/Applicant : Mr. Anand Kesharwani, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 10.02.2025 Digitally signed by REKHA SINGH -2- Heard. 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble court may kindly be pleased to call the entire record relating to the petitioner's case. 10.2 That, the Hon'ble court may kindly be pleased to set aside the order dated 26.10.2024 passed by 08th Motor Accident Claims Tribunal Bilaspur in MJC CIVIL No. 464/2024 and further be pleased to order to release the amount as prayed as earlier as possible. 10.3 Any other relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to the petitioner.” 2) The facts of the present case are that an award was passed in favour of the petitioner to the tune of Rs.15,00,000/- by the learned 8th Additional Motor Accident Claims Tribunal on 16.12.2023. The applicant/petitioner moved an application for the withdrawal of Rs.7,50,000/- allotted in a fixed deposit to open a grocery shop. 3) Learned Tribunal partly allowed the application and permitted the petitioner to withdraw Rs. 5,00,000/- vide order dated 26.10.2024. 4) Mr. Kesharwani, the learned counsel appearing for the petitioner would submit that the petitioner has to open a shop and it requires a huge amount. He would further submit that the learned Tribunal permitted the petitioner to withdraw Rs.5,00,000/- only. He would contend that it would be very difficult for the petitioner to open a -3- grocery shop in the sum of Rs.5,00,000/- and the learned Tribunal ought to have released the entire amount. 5) Heard the learned counsel appearing for the petitioner and also perused the documents placed on record. 6) Admittedly, an award of Rs.15,00,000/- was passed in favour of the petitioner on 16.12.2023. Rs.7,50,000/- deposited in the savings account has already been utilized and out of Rs.7,50,000/- allotted in fixed deposit, the learned Tribunal has released Rs.5,00,000/- and only Rs.2,50,000/- is balance in the said account. 7) Taking into consideration the fact that the learned Tribunal has already considered the prayer made by the petitioner, in my opinion, no case is made out for interference. Consequently, the present petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha