High Court Of ChhattisgarhWP227/164/2017disposed off

Smt. Jethi Bai v. Chandra Shekhar Sahu

2017-03-06Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (227) No.164 of 2017 Smt. Jethi Bai Wd/o. Anjoriram Tangiya, Aged About 43 Years R/o Village Markatola Tahsil And P. S. Charama District North Baster Kanker (Chhattisgarh) ( Claimant ).

---- Petitioner

Versus

1. Chandra Shekhar Sahu S/o Kanhaiya Lal Sahu, Aged About 42 Years R/o. Village Usarwara P.S. Gurur District Balod (Chhattisgarh).

2. Branch Manager, The United India Insurance Co. Ltd., Branch Office Krishna Complex First Floor Kachhari Chowk Raipur District Raipur (Chhattisgarh).

3. Ajay Kumar S/o Anjoriram Tangiya, Aged About 20 Years R/o Village Markatola Tahsil And P.S. Charama District North Bastar Kanker (Chhattisgarh).

--- Respondents For Petitioner :

Mr. Pravin Kumar Tulsyan, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 06/03/2017 (1) Heard.

(2) The application filed by the petitioner herein for disbursement of compensation amount deposited by the Insurance Company before the Claims Tribunal in FDR was rejected by the trial Court by order dated 14.02.2017, against which this writ petition under Article 227 of the Constitution of India has been filed.

(3) Learned counsel appearing for the petitioner would submit that such an amount of Rs.25,00,000/- is required for construction of house.

(4) The trial Court has clearly recorded a finding that the similar case filed by the petitioner/claimant has been rejected by order dated 1.12.2016 and again on 07.02.2017 within two months, second application has been filed and the Claims Tribunal has also recorded a finding that at present it would not be appropriate to disburse the amount to the claimant. The Claims Tribunal has recorded sufficient and valid reasons in rejecting the application, particularly earlier application has been rejected on 1.12.2016.

(5) In view of above observation, I do not find any jurisdictional error in the impugned order. Consequently, the writ petition filed under Article 227 of the Constitution of India deserves to be and is hereby dismissed.

Sd/- (Sanjay K. Agrawal) Judge L/-