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High Court Of ChhattisgarhWP227/467/2019disposed off

Pushpa Yadav v. Jayendra Paswan

2019-06-18Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 467 of 2019

1. Pushpa Yadav, wife of late Lav Yadav, aged about 26 years,

2. Minor Rahul Yadav, son of late Lav Yadav, aged about 8 years

3. Minor Rakesh Yadav, son of late Lav Yadav, aged about 7 years Petitioners No. 2 and 3 are though legal guardian mother Pushpa Yadav, wife of late Lav Yadav, Occupation- housewife. All are residnet of Village Darri, Post- Bhupdevpur, Tahsil Kharsiya, District Raigarh Chhattisgarh ---- Petitioners

Versus

1. Jayendra Paswan Son of Ramswarup Paswan, aged about 33 years, Occupation- Vehicle Driver, at present resident of Ward No. 3, Vijay Nagar, Kokaditarai, Kirodimal Nagar, District Raigarh, Chhattisgarh

2. Ecomaster Bids India Pvt. Ltd., Occupation owner Vehicle, Resident of Plot 58, Gali No. 1-A, Pragati Nagar, Risali Bhilai, District Durg Chhattisgarh

3. The New India Insurance Company limited, resident of Bhilai-B.R. (460301) near Dena Bank, Nandani Road, Bhilai, District Durg, Chhattisgarh, Branch Office Satigudi Chowki, Raigarh Chhattisgarh -------Respondents/Defendants For Petitioners :

Mr. Manoj Kumar Jaiswal, Advocate.

For respondents :

None.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 18/06/2019

1. Petitioners/claimants's application for disbursement of amount awarded and deposited in fixed deposit has been rejected by the

impugned order.

2. Mr. Manoj Kumar Jaiswal, learned counsel for the petitioners would submit that the Claims Tribunal is absolutely unjustified in rejecting the application for disbursement of amount, as such, impugned order is liable to be set aside.

3. I have heard learned counsel for the petitioner, considered his submission and gone through the record with utmost circumspection.

4. The petitioners are at liberty to move a fresh application demonstrating valid reasons for disbursement of amount. if such an application is filed, the Claims Tribunal shall make an inquiry and to pass a reasoned and speaking order after hearing the petitioners.

5. With the aforesaid observation, this writ petition finally stands disposed of. Writ petition is disposed of at admission stage without notice to the other side.

6. Certified copy as per rules.

Sd/- (Sanjay K. Agrawal) Judge Pawan