Sudip Dey v. Lagan Das Mahant

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Art. 227) No.852 of 2018 Sudip Dey, S/o late Niranjan Dey, aged about 47 years, R/o House No.F-11-A, Road No.5, Near T.V. Tower, Shriram Nagar, Shankar Nagar, Police Station Mowa, Raipur, Tahsil & District Raipur (C.G.) (Claimant) ---- Petitioner

Versus

1. Lagan Das Mahant, S/o Lakhan Das Mahant, R/o Village Limha, Police Station Ratanpur, District Bilaspur (C.G.)

2. Sitaram, S/o Saryu Prasad Jaiswal, R/o Beltara, Tahsil & District Bilaspur (wrongly mentioned as Raipur) (C.G.)

3. The New India Insurance Company Limited, through the Divisional Manager, Division No.2, Near L.I.C. Office, Pandri Road, Raipur, District Raipur (C.G.) (Non-applicants) ---- Respondents For Petitioner:

Mr. A.D. Kuldeep, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 04/10/2018

1. Heard on admission.

2. By the impugned order, the Claims Tribunal has permitted disbursement of 50% of the deposited amount to the claimant.

3. Learned counsel for the petitioner / claimant submits that full amount ought to have been permitted to be disbursed to the claimant by the Claims Tribunal.

4. In my opinion, the Claims Tribunal has rightly permitted disbursement of 50% of the deposited amount to the claimant / petitioner herein. The petitioner is at liberty to use that amount and demonstrate before the Claims Tribunal after utilising the said amount that he needs

further amount and in that event it will be considered by the Claims Tribunal in accordance with law keeping in mind that the earlier amount has been properly utilised.

5. The writ petition is disposed of with the aforesaid observation. No order as to cost(s).

Sd/- (Sanjay K. Agrawal) Judge Soma