Smt. Savitri Deep (Gond Thakur) v. Himanshu Soni

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 401 of 2019 Smt. Savitri Deep (Gond Thakur) W/o Late Kamal Thakur Aged About 52 Years R/o Charnal Chowk, Near Nehru Chowk, Ward No. 49, Near Kalibadi Chowk Raipur, Tehsil And District - Raipur Chhattisgarh. 492001, District : Raipur, Chhattisgarh ---- Petitioner/Claimant

Versus

1. Himanshu Soni S/o Shri Dau Soni, R/o Bajrang Chowk, Mathpurena, Sundernagar, Raipur Tehsil And District - Raipur Chhattisgarh. 492001 (Driver Of The Motor Cycle No. C.G. 04, / H.L. 5236)

2. I.C.I.C.I. Lombard General Insurance Company Ltd., Through Branch Office, 3rd Floor, Lalganga Shopping Mall, G.E. Road, Raipur (C.G.) 492001 (Insurer Of The Motor Cycle No. C.G. 04, / H.L. 5236) --- Respondents For Petitioner :

Mr. Akhilesh Mishra, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 15.05.2019

1. Petitioner's/Claimant's application for disbursement of the awarded amount from the fixed deposit has been rejected by Learned 8th Additional Motor Accidents Claims Tribunal, Raipur vide order dated 05/03/2019 against which this writ petition under Article 227 of the Constitution of India has been preferred by her.

2. I have heard learned counsel for the petitioner, considered her submissions and went through the records with utmost circumspection.

3. Be that as it may, petitioner is at liberty to move a fresh application indicating the reasons therein for which the awarded amount which is deposited in fixed deposit is required by her. If such an

application is filed by the petitioner, it will be considered afresh by the learned Claims Tribunal strictly in accordance with law without being prejudiced by the earlier order passed on 05/03/2019.

4. With the aforesaid observations, this Writ Petition stands disposed of. No cost(s).

5. A copy of this order be sent to the concerned Claims Tribunal by email/fax. Sd/- (Sanjay K. Agrawal) Judge Harneet