Smt. Kunti Bai v. Dinesh Kumar

Page No.1 HIGH COURT OF CHHATTISGARH, BILASPUR WP227 No. 810 of 2019

1. Smt. Kunti Bai, W/o Late Rajkumar Aged About 40 Years, Resident Of Village Milpara, Utai, Police Station Utai, District Durg Chhattisgarh.

2. Sanjay Kumar, S/o Late Rajkumar, Aged About 12 Years, Through Legal Guardian Mother Smt. Kunti Bai, Resident Of Village Milpara, Utai, Police Station Utai, District Durg Chhattisgarh.

3. Ku. Heena Aged About 01 Month . D/o Late Rajkumar . Through Legal Guardian Mother Smt. Kunti Bai , Resident Of Village Milpara, Utai, Police Station Utai, District Durg Chhattisgarh.

4. Smt. Suthra Devi, W/o Ram Singh, Aged About 65 Years, Resident Of Village Milpara, Utai, Police Station - Utai , District-Durg, Chhattisgarh. ---- Petitioners

Versus

1. Dinesh Kumar, S/o Manaklal Baksare, R/o Krishna Chowk, P.S. Nevai, District-Durg Chhattisgarh. (Driver of The Vehicle Mahindra Champion Bearing Registration No. CG-07-T-0523).

2. Khomlal, S/o Milapram Aged About 30 Years R/o Bajrangpara House No. 29, Ward No. 62, Station Maroda, P.S. Nevai , District Durg Chhattisgarh..(Owner Of The Vehicle Mahindra Champion Bearing Registration No CG-07-T-0523).

3. United India Insurance Company Limited Through The Divisional Manager, Divisional Office - Tara Complex, G.E. Road, Power House Bhilai , District Durg Chhattisgarh..(Insurar Of The Vehicle Mahindra Champion Bearing Registration No CG-07-T-0523). ---- Respondents ____________________________________________________________ For petitioners :

Mr. Avinash Chand Sahu, Advocate.

For respondents :

None.

------------------------------------------------------------------------------------------------------- Hon'ble Shri Justice Rajendra Chandra Singh Samant Order On Board 07/11/2019 Heard.

1.

Petitioner has filed this petition feeling aggrieved by the order dated 22.7.2019 by which the learned Motor Accident Claims Tribunal, Durg

Page No.2 (for short' the Tribunal') has rejected the prayer for disbursement of deposited amount, despite requirement shown by the petitioner for the disbursement, that petitioners had borrowed some money and they need to make repayment of borrowed money for which they do not have any other sources.

2.

In the above circumstance, this petition is disposed of at this stage granting liberty to the petitioner to file fresh application for disbursement of amount deposited in the name of the petitioners on the ground for which they are praying for disbursement and the learned Tribunal is directed to consider on the said application and dispose of the same in accordance with law within a period of 30 days from the date of filing of such application.

Sd/- (Rajendra Chandra Singh Samant) Judge Nisha