Om Singh Markam v. Deepak Kumar Baghel

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 529 of 2019

1. Om Singh Markam, Son of Late Shri Bhagirathi, aged about 6 years, minor, represented through grandmother and legal guardian Smt. Durga Bai.

2. Smt. Durga Bai, wife of late Goverdhan Markam, aged about 51 years.

Both are residents of village Bajrang Chowk, Majgaon, Police Station and Tahsil - Kota, District Bilaspur, Chhattisgarh. ---- Petitioners

Versus

1. Deepak Kumar Baghel, son of Ramkumar Baghel, Resident of Village Parsada, Tahsil & Police Station - Bilha, District Bilaspur,Chhattisgarh. (Driver)

2. Indian Enterprises, through Proprietor Manish Jain, Son of Mitthalal Jain, Resident of Vinoba Nagar, Bilaspur, District Bilaspur, Chhattisgarh. (Owner)

3. H.D.F.C. Agro General Insurance Company Limited, through the Branch Manager, Branch Office, Resident of Laxmi Tower, near Triveni Bhawan, Vyapar Vihar, Bilaspur, District Bilaspur, Chhattisgarh (Insurer)

4. Smt. Sarita Markam, wife of late Bhagirathi Markam, aged about 30 years.

5. Hemant Kumar Markam, son of late Bhagirathi Markam, aged about 5 years, minor, represented through mother Smt. Sarita Markam. No. 4 & 5 are resident of Village Loharsi, Chowki Pachpedi, Police Station Masturi, District Bilaspur, Chhattisgarh.

6. Sukhbati @ Sukhbati Markam, wife of Bhagirathi Markam, Village Bajrang Chowk, Majgaon, Police Station and Tahsil Kota, District Bilaspur, Chhattisgarh.

---Respondents For Petitioners :

Mr. Goutam Khetrapal, Advocate

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 03.07.2019

1. This writ petition under Article 227 of the Constitution of India has been preferred by the petitioners/claimants against the impugned order dated 23/02/2019 by which learned Third Additional Motor Claims Tribunal, Bilaspur has rejected their application for disbursement of the awarded amount which is deposited in a fixed deposit.

2. Be that as it may, petitioners/claimants are at liberty to file fresh application assigning good and valid reasons supported by an affidavit. If such an application is moved by the petitioners/claimants, learned Claims Tribunal will do well to consider it and decide strictly in accordance with law, without being prejudiced by any of the observation made in the impugned order.

3. With the aforesaid observations, this writ petition stands disposed of. No cost(s).

Sd/- (Sanjay K. Agrawal) Judge Harneet