Allowed

Sushila Bharti v. Lallu Ram Dhruw

Chhattisgarh HC22 Jul 2022WP227/456/2022

Case brief

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What is this about?

The High Court of Chhattisgarh, in a writ petition, allowed the petition against the order of the Claims Tribunal which rejected the application for disbursement of compensation deposited by the Insurance Company. TheCourt directed the Claims Tribunal to give the petitioners an opportunity to prove their status as legal heirs of the deceased deceased before disbursing the amount.

What did the court decide?

The Claims Tribunal order dated 15.12.2021 was set aside and the Tribunal was directed to give the petitioners an opportunity to lead evidence to prove they are legal heirs of the deceased before disb

Sushila Bharti Vs Lallu Ram Dhruw — Chhattisgarh HC (2022) — LawSathi Research

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 456 of 2022

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Sushila Bharti W/o Late Teekam Das Bharti Aged About 36 Years R/o Village Dunda, Satnam Chowk, Tikarapara, Tahsil And District Raipur,, Chhattisgarh

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Rajiv Bharti D/o Late Teekam Das Bharti Aged About 16 Years R/o Village Dunda, Satnam Chowk, Tikarapara, Tahsil And District Raipur,, Chhattisgarh

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Priyanka Bharti D/o Late Teekam Das, Bharti Aged About 15 Years R/o Village Dunda, Satnam Chowk, Tikarapara, Tahsil And District Raipur,, Chhattisgarh

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Rahul Bharti S/o Late Teekam Das Bharti Aged About 19 Years R/o Village Dunda, Satnam Chowk, Tikarapara, Tahsil And District Raipur,, Chhattisgarh

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---- Petitioners

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Versus

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Lallu Ram Dhruw S/o Baldau Prasad Dhruw Aged About 39 Years R/o Village Gosaipara, Ratanpur, Police Station Ratanpur, District Bilaspur, (C.G.) At Present R/o Raju Dhaba, Mandir Hasaud, Police Station Mandir Hasaud, Tahsil And District Raipur, C.G. (Driver)

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Mahendra Singh Hora S/o Sohan Singh Hora, Aged About 78 Years R/o Trilochan Bhawan, Shyam Nagar Raipur Tahsil And District Raipur, Chhattisgarh (Owner)

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The New India Insurance Company Limited, Through Divisional Manager, Divisional Office Madina Building, Jail Road, Raipur Tahsil And District Raipur, Chattisgarh (Insurer)

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---- Respondents

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For the Petitioner : Mr. Shikhar Sharma, Advocate

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For Respondent : None

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Hon'ble Shri Justice Narendra Kumar Vyas

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Order on Board

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22.07.2022

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Learned counsel for the petitioner would submit that learned Claims Tribunal Raipur has committed illegality in rejecting the application filed by the petitioners for disbursement of award amount of Rs. 3,65,582 which is deposited by the Insurance Company.

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From the record, it is evident that the award is assailed by the Owner of the vehicle in MAC No. 389 of 2013 before this Court which was partly allowed vide order dated 20.06.2019. This Court had directed that the Insurance

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Company to pay entire amount of compensation along with interest as directed by the Tribunal. Thereafter, the petitioners applied for disbursement of amount of compensation which was rejected by the Claimes Tribunal on 15.12.2021.

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The Claims Tribunal has recorded its finding that no evidence or document was produced by the petitioner/claimants to substantiate that they are the legal heirs of deceased Sudarshan Das Bharti. From the records it is evident that no opportunity was given to the petitioner to lead their evidence with regard to their entitlement to withdraw the amount of compensation deposited with trial Court, considering this aspect of the matter, I am inclined to allow the petition by setting aside the order passed by the claims Tribunal on 15.12.2021. It is directed that the claims Tribunal should give an opportunity to the petitioners to led evidence for proving that they are the legal heirs of deceased Sudarshan Das Bharti and if it is found that they are the legal heirs of deceased Sudarshan Das Bharti then the amount so deposited by the Insurance Company be disbursed to the claimants as per the terms of award passed by the claims Tribunal on 28.08.2012 which was partly affirmed by this Court on 20.06.2019.

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With this observation, the instant writ petition stands disposed of.

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Sd/-

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(Narendra Kumar Vyas) JUDGE

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Santosh

Sushila Bharti v. Lallu Ram Dhruw

Case brief

What is this about?

What did the court decide?

Sushila Bharti v. Lallu Ram Dhruw

Case brief

What is this about?

What did the court decide?

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