Sahadev v. A. Mahesh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 695 of 2018

1. Sahadev S/o Late Bhaluram, aged about 50 years, R/o Village Munjala, P.S. Bhanpuri, P.S. Parpa, District Bastar (C.G.)........[Claimant] ---- Petitioner

Versus

1. A. Mahesh S/o Simhachalam, aged about 35 years, through G. Madhva Rao, R/o 50-4-167 Bonu Street Opposite Government Junior College, Salure, District Vijaynagaram (A.P.)....[Driver of the Vehicle]

2. G. Madhva Rao S/o Suryanarayan R/o 50-4-167 Bonu Street Opposite Government Junior College, Salure, District Vijaynagaram (A.P.).......[Owner of the Vehicle]

3. The Branch Manager through the New India Assurance Co.Ltd. Near Gurugovind Singh Chowk, Jagdalpur, District Bastar (C.G.)..........[Insurer] ---- Respondents For Petitioner :

Mr. Pravin Kumar Tulsyan, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 17/09/18 1.

By the impugned order dated 05.07.2018, learned Claims Tribunal has rejected the petitioner's application for disbursement of the compensation amount fixed deposited against which this writ petition has been preferred.

2.

Learned counsel for the petitioner submits that the Claims Tribunal ought to have considered petitioner's application and therefore, impugned order is unsustainable and bad in law.

3.

I have heard learned counsel for the petitioner. 4.

The learned Claims Tribunal has not considered the application filed by the petitioner demonstrating his need for the said money in proper

perspective, therefore, the petitioner is at liberty to make fresh application before the Claims Tribunal within a period of 10 days from today that will be considered and decided in accordance with law by the Claims Tribunal expeditiously by a reasoned and speaking order. 5.

With the aforesaid observation, the writ petition stands finally disposed of. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Priyanka