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High Court Of ChhattisgarhWP227/643/2015disposed off

Subhash Rai v. Sushil Verma

2015-10-08Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 643 of 2015

1. Subhash Rai S/o Late Hriday Rai Aged About 40 Years By Caste Namoshudra, R/o Village Anjali Nagar, Naya Bazarpara, Pakhanjur, Police Station & Tahsil Pakhanjur, Revenue And Civil District Uttar Bastar, Kanker Chhattisgarh

2. Kumari Renuka Rai D/o Subhash Rai Aged About 12 Years Minor Presented Through Legal Guardian Father Subhash Rai By Caste Namoshudra, R/o Village Anjali Nagar, Naya Bazarpara, Pakhanjur, Police Station & Tahsil Pakhanjur, Revenue And Civil District Uttar Bastar, Kanker Chhattisgarh

3. Kumari Prabhat Rai D/o Subhash Rai Aged About 11 Years Minor, Presented Through Legal Guardian Father Subhash Rai By Caste Namoshudra, R/o Village Anjali Nagar, Naya Bazarpara, Pakhanjur, Police Station & Tahsil Pakhanjur, Revenue And Civil District Uttar Bastar, Kanker Chhattisgarh ---- Petitioners

Versus

1. Sushil Verma S/o Bihari Lal Verma Aged About 25 Years R/o Village Beside B.R. Cold Storage, Khaprapara / Near Bhatti, Parpa, Jagdalpur, District Bastar At Jagdalpur Chhattisgarh

2. Mehboob Khan S/o Hukumdar Khan Aged About 60 Years R/o Rautpara, Jagdalpur, Ward No. 19, Itwari Ward, Police Station & Tahsil : Jagdalpur, Revenue And Civil District Bastar At Jagdalpur, Chhattisgarh

3. Bharti Ex. Insurance Company Ltd. Second Floor , Khichriya Complex, Nehru Parishar, Bhilai Nagar, Revenue And Civil District Durg Chhattisgarh ---- Respondents For Petitioners :

Shri P.K. Patel, Advocate.

Order On Board 08/10/2015 1.

Service of notice on respondents No.1 & 2 is awaited. The report states that respondent No.3 has refused to take notice.

2.

The limited grievance of the petitioner is that even though an award has been passed in favour of the petitioner by the Motor Accident Claims Tribunal, which is not

under challenge by any of the respondent be it owner, driver or insurance company, the award is not being executed and the amount is not being paid. 3.

Learned counsel for the petitioner submits that the petitioner had filed an appeal for enhancement of the award.

4.

Taking into consideration the aforesaid submissions, this petition is finally disposed off with the direction to the Tribunal to execute the award unless there is any interim order passed in any appellate proceedings. Sd/- Manindra Mohan Shrivastava J U D G E Rekha