Disposed

Smt. Tina Jana v. Arun Kumar Roy

Chhattisgarh HC13 Nov 2024WP227/1032/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh disposed of a petition challenging the rejection of an application for premature release of an insurance award amount held as a fixed deposit. The court directed the Tribunal to consider a fresh application submitted with house construction permission and valuation, and ordered slab-wise release of funds.

What did the court decide?

Directing the Tribunal to consider a fresh application for release of award amount along with construction permission and valuation, and to release funds slab-wise,

Smt. Tina Jana Vs Arun Kumar Roy — Motor Accident Claims | Chhattisgarh HC (2024)

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2024:CGHC:44593

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 1032 of 2024

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1 - Smt. Tina Jana W/o Late Shri Sumit Jana Aged About 25 Years R/o- Uday Chowk, Medanipur, Police Station- Daspur District- West Medanipur (W.B.), Present Resident OfShahid Brigadier Usman Ward, Gabhrapara, Sudama Nagar, Tikrapara, Raipur, Tahsil And District- Raipur (Chhattisgarh)

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2 - Manik Lal Jana S/o Late Jatindra Jana Aged About 67 Years (Father Of The Deceased Namely Late Sumit Jana), R/o- Uday Chowk, Medanipur, Police Station- Daspur DistrictWest Medanipur (W.B.), Present Resident Of- Shahid Brigadier Usman Ward, Gabhrapara, Sudama Nagar, Tikrapara, Raipur, Tahsil And District- Raipur (Chhattisgarh)

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AJAY KUMAR DWIVEDI Date: 2024.11.18 10:40:52 +0530

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3 - Smt. Uma Rani Jana W/o Shri Manik Lal Jana Aged About 63 Years (Mother Of The Deceased Namely Late Sumit Jana), R/o- Uday Chowk, Medanipur, Police Station- Daspur District- West Medanipur (W.B.), Present Resident Of- Shahid Brigadier Usman Ward, Gabhrapara, Sudama Nagar, Tikrapara, Raipur, Tahsil And District- Raipur (Chhattisgarh)

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... Petitioners

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versus

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1 - Arun Kumar Roy S/o Late Brejnandan Roy R/o Village- Dumri, Police Station- Patori, Tahsil And District- Samastipur (Bihar), (Driver Of Vehicle Truck Bearing Registration No. N.L/01/a.D./3401)

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2 - Nikhil Shukla S/o Sangam Lal Shukla R/o Village And Post- Bharat Nagar, Chittegaon, Paithan, District- Aurangabad (Maharashtra), (Registered Owner Of Vehicle Truck Bearing Registration No. N.L/01/a.D./3401)

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3 - I.C.I.C.I, - Lombard General Insurance Company Limited Through Branch Manager, Branch Office, Ground Floor, Vanijiya Bhawan, Devendra Nagar Road, Raipur, DistrictRaipur (Chhattisgarh), Registered Owner Of Vehicle Truck Bearing Registration No. N.L./01/A.D./3401. ... Respondents

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For Petitioners : Mr. Shivendu Pandya, Advocate. For Respondent : None.

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari, J. Order On Board

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14.11.2024

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This petition has been filed against the order dated 05.08.2024 passed by the Fourth Additional Motor Accident Claims Tribunal, Raipur in Claim MJC No.894/2021, whereby, application preferred by the petitioners/claimants for premature release of award amount which is deposited in the Fixed Deposit in compliance of award dated 30.10.2023, has been rejected.

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Learned counsel for the petitioners would submit that the petitioners are required the award amount for construction of the house, however, learned Tribunal has dismissed the application only on the ground that no permission has been obtained from the competent authority for construction of house. He also submits that at this juncture, this petition may be disposed of reserving the liberty to file fresh application after obtaining necessary permission from the competent Authority.

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Having regard to the aforesaid submission, this Court deems it appropriate to direct that if the petitioners/claimants file a fresh application along with documents showing house/building permission from the competent Authority as well as estimate and valuation in respect of the house, the concerned Tribunal shall consider the said application in accordance with law. After due satisfaction, the Tribunal may release the amount from time to time slab-wise keeping in view the development and requirement of the claimants in respect of construction of the house. Ordered accordingly.

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With the aforesaid observation, this petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Smt. Tina Jana v. Arun Kumar Roy

Case brief

What is this about?

What did the court decide?

Smt. Tina Jana v. Arun Kumar Roy

Case brief

What is this about?

What did the court decide?

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