1 2025:CGHC:6437 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 125 of 2025 1. Smt. Anita Chandra W/o Late Pawan Kumar Chandra Aged About 30 Years R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 2. Ku. Sandhya Chandra D/o Late Pawan Kumar Chandra Aged About 6 Years (Respondent No. 2 Is Minor Through Their Legal Guardian Mother Smt. Anita Chandra Petitioner No. 1) --- R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 3. Ku. Lokita Chandra D/o Late Pawan Kumar Chandra Aged About 3 Years (Respondent No. 3 Is Minor Through Their Legal Guardian Mother Smt. Anita Chandra Petitioner No. 1) --- R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 4. Devesh Kumar Chandra S/o Late Pawan Kumar Chandra Aged About 1 Years (Respondent No. 4 Is Minor Through Their Legal Guardian Mother Smt. Anita Chandra Petitioner No. 1) ---- R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 5. Smt. Kamla Bai Chandra D/o Mem Lal Chandra Aged About 65 Years R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 6. Mem Lal Chandra S/o Late Munchu Chandra Aged About 66 Years R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 7. Bharat Lal Chandra S/o Mem Lal Chandra Aged About 17 Years (Petitioner No. 7 Is Minor Through His Legal Guardian Father Memlal Chandra Petitioner No. 6) ---- R/o Ghoghari Malkharoda, P.S. Dabhara District Janjgir Champa (C.G.) --- Presently R/o Care Of Shivchandra Sector 29 Naya Raipur City And District Raipur (C.G.). 2 ... Petitioner(s) versus 1. Kuleshwar Kumar Yadav S/o Shri Ratan Laal Yadav Aged About 23 Years R/o C/o Rameshwar Bandhe Bhawani Construction P/s Dd Nagar Raipura, City And District Raipur (C.G.). --- Presently Resides - Village Khamhariya Durg District Durg City And District Raipur (C.G.). -- (Driver Of Offending Vehicle Bearing No. C G 07 B W 5423) 2. Yashwant Nishad S/o Tulshiraam Nishad R/o Ganesh Nagar Raipura P/s D D Nagar Raipur, District Raipur. -- Presently Resides - Ganesh Nagar Dau Kamala Narayan Chouk Charouda Basti Ward No. 20 P/s Bhilai District Durg (C.G.) -- (Owner Of Offending Vehicle Bearing No. C G 07 B W 5423) 3. Liberty General Insurance Company Limited, Through Divisional Manager, Gurughasi Das Ward Mm Silver Plaza Shop No. 120 First Floor Ring Road No. 1 Telibandha, Raipur District Raipur (C.G.). ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioners : Mr. Vikram Pratap, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05. 02.2025 1. By way of this petition, the petitioners have sought the following relief(s):- “10.1 That, this Hon’ble Court may kindly be pleased to allow the writ petition and be pleased to set aside the order dated 12.04.2024 and further order may kindly be pleased for releasing the amount of Rs. 13,50000/- to the petitioners and to make the immediate compliance. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief, as it may fit and appropriate.” 2. Learned counsel for the petitioners would submit that an award of Rs. 75,00,000/- was passed by the learned Motor Accidents Claims Tribunal in favour of the petitioners. He would further submit that for the construction of a house, an application was moved for the release of the fixed deposit amount of Rs.13,50,000/- and the same was rejected by the learned trial Court without assigning sufficient reason. He would also submit that the 3 application moved by the petitioners may be allowed. 3. Heard. 4. Admittedly, the petitioners could not produce sufficient documents before the learned Tribunal, therefore, the application for release of Rs. 13,50,000/- has been rejected by the learned Tribunal. At this juncture, the instant petition is disposed of reserving liberty in favour of the petitioners to make a fresh application before the learned Tribunal assigning sufficient reasons along with relevant documents, and if such an application is moved, it is expected that the learned Tribunal shall decide the application afresh after affording a due opportunity of hearing to the petitioners. 5. The earlier order passed in this regard would not come in the way of the decision of the said application. 6. With the aforesaid observation(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant