Baldau Prasad Bhanwar v. Rupendra Soni

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 356 of 2019

1. Baldau Prasad Bhanwar S/o Late Ram Prasad Bhanwar, Aged About 55 Years.

2. Smt. Rukmani Bhanwar W/o Shri Baldau Prasad Bhanwar, Aged About 47 Years.

3. Ku. Kritika Bhanwar D/o Shri Baldau Prasad Bhanwar, Aged About 23 Years. All R/o Village Vinayak Vihar Parisar, Near Pandit Deendayal Upadhyay Nagar, Raipur, At Present Qtr. No. Mig - 96, Rajendra Prasad Nagar Korba, District Korba Chhattisgarh ---- Petitioners

Versus

1. Rupendra Soni S/o Moti Lal Soni, Aged About 29 Years R/o Ambikapur Road, Katghora, Police Station Katghora, District Korba Chhattisgarh.

2. Bharat Lal Sharma S/o Mattu Ram Sharma, R/o Village Sajapani, Tahsil Kartala, District Korba Chhattisgarh

3. National Insurance Company Limited Through Divisional Manager, National Insurance Company Limited, Office - 13, Meenu Complex, Main Road Korba, District Korba Chhattisgarh.

----Respondents For Petitioner :

Mr. Samir Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/05/19

1. Petitioners herein have preferred this Writ Petition under Article 227 of the Constitution of India against the order dated 05/03/2019 passed in Claim MJC No. 03/2019 whereby the First Additional Motor Accident Claim Tribunal, Korba has rejected the application filed by the petitioner for releasing the amount from fixed deposit.

2. Learned counsel for the petitioners submits that petitioners may be allowed to make a fresh application before learned Claims Tribunal for releasing of the amount deposited in fixed deposit.

3. Be that as it may, petitioners are at liberty to make fresh application before the Claims Tribunal which will be considered by the said Tribunal in accordance with law, if supported by documents without being prejudiced by the earlier order.

4. With the aforesaid liberty, this Writ Petition under Article 227 of the Constitution of India stands disposed of. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet