1 2026:CGHC:19482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 493 of 2026 1 - Ganga Bai Sen W/o Late Kejuram Sen Aged About 58 Years R/o Ward No. 08, Village Mura, Post Office Bangoli, P.S. Kharora, District Raipur Chhattisgarh (Claimant) ... Petitioner(s) versus 1 - Govind Sarthi S/o Lakhan Lal Sarthi Aged About 30 Years R/o Ward No. 07, Village Mura, Post Office Bangoli, P.S. Kharora, District Raipur Chhattisgarh (Driver Of Offending Vehicle Bearing No. C G 10 W 5255) 2 - Radheshyam Sahu S/o Janak Ram Sahu Aged About 32 Years R/o Ward No. 07, Village Mura, Post Office Bangoli, P.S. Kharora, District Raipur Chhattisgarh (Owner Of Offending Vehicle Bearing No. C G 10 W 5255) 3 - I C I C I Lombard General Insurance Company Ltd. Through Incharge Officer, I C I C I Lombard General Insurance Company Ltd., 5th Floor Escoy Park, In Front Of Bhatiya Nursing Home, Canal Road, Civil Line Raipur, Tahsil And District Raipur Chhattisgarh (Insurer Of Offending Vehicle Bearing No. C G 10 W 5255) ... Respondent(s) For Petitioner(s) : Shri B.L.Sahu, Advocate For Respondent(s) : None present 2 (Hon’ble Shri Justice Ravindra Kumar Agrawal) Order on Board 27/04/2026 Heard. Present is a writ petition filed by the petitioner under Article 227 of the Constitution of India assailing the impugned order dated 17.03.2026 passed by the learned Principal Motor Accident Claims Tribunal, Raipur in MJC No. 408/2026 whereby the application preferred by the petitioner seeking premature withdrawal of an amount of Rs. 2,50,000/- which was kept in her name in the fixed deposit at Punjab National Bank, Collectorate Branch, Raipur for the period of three years has been rejected. 2. Learned counsel appearing for the petitioner submits that pursuant to the award dated 10.05.2025 passed by the National Lok Adalat, Bench No.1 Raipur in Claim Case No. 07/2025, a sum of Rs. 5,00,000/- was awarded in favour of the claimants, out of which the petitioner was held entitled to Rs. 3,50,000/-. It is submitted that out of the said amount, a sum of Rs. 2,50,000/- was kept in fixed deposit in Account No. 097210RA00070465 dated 10.07.2025 for a period of three years at Punjab National Bank, Collectorate Branch, Raipur,. 3. It is further contended that the petitioner is a low paid daily wage worker and she is in need of funds for repairing her dilapidated hutment on account of impending rainy season. He has placed the photographs of the house of the petitioner as well as the estimate prepared by the Civil Engineer. He further submits that the learned Claims Tribunal has 3 erred in rejecting the application on the ground that the petitioner has failed to satisfactorily explain about the expenditure of Rs. 1,00,000/- which has been earlier released to her on 10.07.2025. He therefore submtis that considering the need of the petitioner for repairing her dilapidated hutment, she may be permitted for premature withdrawal of the said amount. 4. I have heard learned counsel for the petitioner and perused the documents annexed with the petition. 5. The petitioner seeks withdrawal of the entire Fixed Deposit amount of Rs. 2,50,000/- on the ground of financial necessity for repair of her house. The documents placed on record, including the photogrpahs and the repair estimate, prima facie, indicate that the petitioner is in need of funds. However, at the same time, it is also necessary to ensure that the compensation amount awarded to the petitioner is safeguarded. Be that as it may, having regard to the petitioner’s immediate financial necessity for carrying out repairs of her house, this Court is of the opinion that instead of permitting her to withdraw the entire amount of Rs.2,50,000/-, if the petitioner is permitted to withdraw a part of the fixed deposit amount instead of the entire sum. 6. Accordingly, the petitioner is permitted to prematurely withdraw a sum of Rs.1,00,000/- from her Fixed Deposit bearing Account No. 097210RA00070465 kept in Punjab National Bank, Collectorate Branch, Raipur. The remaining amount shall be kept as it is in the Fixed Deposit. 4 7. With the aforesaid observation, the present writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) Judge SUGUNA DUBEY Digitally signed by SUGUNA DUBEY Date: 2026.05.05 11:00:01 +0530