High Court Of ChhattisgarhWP227/517/2017disposed off

Ghanshyam Nayak v. Sukhnandan Kewat

2017-07-31Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.517 of 2017 Ghanshyam Nayak S/o Late Mahetaru Nayak, Aged About 38 Years R/o Ward No.15, Police Station Sirgitti, Tehsil and District Bilaspur, Chhattisgarh.

---- Petitioner

Versus

Sukhnandan Kewat S/o Ram Charan Kewat, Aged About 29 Years R/o Ratanpur, Singhari, Post Ratanpur, District Bilaspur, Chhattisgarh, At Present Address Village Bhothidih, Post and Police Station Masturi, District Bilaspur, Chhattisgarh (Driver Of Hywa Truck No. C.G.10 R 0517) 2.

Amit Vidhani S/o Bhagwan Das Vidhani, Aged About 35 Years R/o House No.36/286, Santoshi Mandir, Torwa Naka, Guru Nanak Chowk, Police Station Torwa, Tehsil And District Bilaspur, Chhattisgarh (Owner Of Hywa Truck No. C.G.10 R 0517) 3.

Branch Manager, The New India Insurance Company Limited, Branch Office Rama Trade Center, In Front Of Rajiv Plaza, Old Bus Stand Bilaspur, Tehsil And District Bilaspur, Chhattisgarh (Insurer Of Hywa Truck No. C.G.10 R 0517) --- Respondents For Petitioner :

Mr. Govind Dewangan, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 31/07/2017 (1) Learned counsel appearing for the petitioner would submit that the petitioner is suffering from disabilities and he needs of Rs.60,000/- for his medical treatment for which, he has filed an application before the Claims Tribunal, Bilaspur for disbursement of the fixed deposit amount of Rs.1,62,500/-, which has been rejected by the Claims Tribunal, Bilaspur by its impugned order dated 29.06.2017 against which this writ petition under Article 227 of the Constitution of India

has been filed. He would further submit that no reasons has been assigned by the Claims Tribunal while rejecting the application. (2) Be that as it may, the petitioner is directed to file fresh application for disbursement of the fixed deposit amount of Rs.1,62,500/- before the Claims Tribunal, Bilaspur supported by documents. If such application is filed by the petitioner before the Claims Tribunal and, in turn, the Claims Tribunal shall consider and decide the application of the petitioner expeditiously preferably within a period of 30 days from the date of receipt of certified copy of this order. (3) With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge L