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High Court Of ChhattisgarhWP227/773/2017disposed off

Leela Bai v. I F C O Tokiyo General Insurance Company Limited

2017-10-27Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 773 of 2017

1. Leela Bai Wd/o Late Shiv Bhajan, Aged about 49 years, R/o Gram Pasan, Police Station Pasan, Tahsil Katghora, District Korba Chhattisgarh.

2. Ku. Arti D/o Late Shivbhajan, Aged about 25 years, R/o Village Pasan, Police Station Pasan, Tahsil Katghora, District Korba Chhattisgarh.

3. Abhishek, S/o Late Shivbhajan, Aged about 16 years, (Minor) Through Natural Gurardian Mother Namely Smt. Lila Bai, R/o Village Pasan, Police Station Pasan, Tahsil Katghora, District Korba Chhattisgarh.

4. Suruchi, D/o Late Shivbhajan, Aged About 13 Years (Minor), Through Natural Gurardian Mother Namely Smt. Lila Bai, R/o Village Pasan, Police Station Pasan, Tahsil Katghora, District Korba Chhattisgarh............ (Claimants Award Holder) ---- Petitioners

Versus

IFCO Tokiyo General Insurance Company Limited 3rd (Third Floor) Shop No. 245, 347, Lal Ganga Shopping Mall, G.E. Road, Raipur, District Raipur Chhattisgarh............(Non - Claimant Judgment Debtor) ---- Respondent For Petitioners :

Mr. Yogendra Chaturvedi, Advocate.

For Respondent :

Mr. Shashank Thakur, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 27/10/17 Learned counsel for the petitioner would submit that the petitioner/claimants have filed an application for disbursement of amount deposited in the name of petitioner No. 2 which has been rejected by the learned Claims Tribunal vide order dated 25.07.2017. 2.

Learned counsel for the petitioner would further submit that he may be allowed to file a fresh application supported by the affidavit and documents

before the Claims Tribunal and the Claims Tribunal may be directed to consider and decide the same expeditiously.

3.

I have heard learned counsel for the petitioner. 4.

The prayer appears to be fair and reasonable and is accordingly allowed.

5.

Be that as it may, petitioner is at liberty to file a fresh application supported by the affidavit and the documents before the Claims Tribunal who, in turn, shall consider the petitioner's application and also make an enquiry and pass a reasoned order within 45 days from the date of receipt of copy of this order.

6.

With the aforesaid observation, the writ petition stands finally disposed of.

SD/- (Sanjay K. Agrawal) Judge Priyanka