Disposed

Santoshi Bai Gond v. Samarin Bai Gond

Chhattisgarh HC10 Jun 2024WP227/105/2022

Case brief

AI extract

What is this about?

Writ petition seeking modification of apportionment of motor accident compensation awarded by Lok Adalat. The High Court held the award could be modified only on grounds of fraud, but noting the widow's young age and equal distribution among claimants, modified apportionment to 50%, 30%, 10%, 10%.

What did the court decide?

Apportionment of Rs.12 lacs compensation modified: petitioner/wife 50%, respondent No.1/mother 30%, respondents No.2 and 3 (brothers) 10% each; remaining award intact; copy to Tribunal for disbursemen

Santoshi Bai Gond Vs Samarin Bai Gond — Motor Accident Claims | Chhattisgarh HC (2024)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WP227 No. 105 of 2022

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Santoshi Bai Gond W/o Late Sahettar Sidar, Aged About 22 Years R/o Uslapur, P.S. Sakri, Tahsil And District Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh

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---- Petitioner

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Versus

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Samarin Bai Gond W/o Late Panchram Gond, Aged About 50 Years R/o Uslapur P.S. Sakri, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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Ram Kumar Gond S/o Late Panchram Gond, Aged About 17 Years Minor Through Natural Guardian Mother Samarin Bai, R/o Uslapur P.S. Sakri, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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Rakesh Kumar Gond S/o Late Panchram Gond, Aged About 12 Years Minor Through Natural Guardian Mother Samarin Bai, R/o Uslapur P.S. Sakri, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh

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Umashankar Sidar S/o Ramaiya Sidar, Aged About 24 Years R/o Beldar Basti, Balco Nagar Korba, Tahsil And District Korba (Chhattisgarh)..........Driver Of Vehicle Trailer C.G.-12s-2699--, District : Korba, Chhattisgarh

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Rahmat Ansari S/o Peer Mohd. Ansari R/o House No. 688, Nayar Gali, Masjid Mohalla, Kashi Nagar, Korba, Tahsil And District Korba- Owner Of Vehicle Trailer C.G.-12s-2699--, District : Korba, Chhattisgarh

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Branch Manager, The New India Assurance Co.Ltd., Branch Office 2nd Floor, Rama Trade Centre, Infront Of Rajiv Plaza, Old Bus Stand, Bilaspur Tahsil And District Bilaspur (Chhattisgarh)..........Insurer Of Vehicle Trailer C.G.-12s-2699--, District : Bilaspur, Chhattisgarh

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--- Respondents.

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For Petitioner :	Mr. Praveen Dhurandhar, Advocate.
For Res No.1 to 3 :	Mr. Arjun Lal Singroul, Advocate.
For Res No.6 :	Mr. B. N. Nande, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari, J.

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Order On Board

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11.06.2024

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This petition has been filed seeking modification of apportionment of compensation amount passed before the National Lok Adalat, Bench-6 and Fourth Motor Accident Claims Tribunal, Bilaspur (CG) in award dated 11.12.2021 in Claim Case No.527/2021.

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On 21.02.2022 this Court has passed the stay order to the effect that the amount deposited by the Insurance Company before the Claims Tribunal shall not be disbursed to the claimants till the next date of hearing.

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Today, learned counsel for the parties does not dispute the fact that amount deposited by the Insurance Company has not yet been disbursed to any of the claimants.

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Learned counsel for respondents No.1 to 3 would submit that since the impugned award has been passed by the Lok Adalat, this Court cannot modify or reopen such award in respect of apportionment of the said amount.

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It is undisputed that award passed before the Lok Adalat can be assailed before the writ jurisdiction only if any fraud is committed.

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Having regard to submission of learned counsel for the parties and further considering the law laid down in the case of D. Shanmukha Sundaramma Vs. D. Suneetha and Ors [2009 AIR SCW 2234] and also keeping in mind the fact that wife of the deceased is aged about 22 years, however, during apportionment of amount, equal amount has been distributed to all the claimants, this Court deems appropriate to modify the impugned award in respect of distribution of total compensation amount i.e. Rs.12 Lacs in favour of the claimants to the following extent:

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Sr No.	Particulars of Claimant	Amount to favour of Claimant	be deposited in the respective
1	Petitioner/Claimant/wife (Santoshi Bai)	50 % of amount	the total awarded
2	Respondent No.1/claimant/mother (Samarin Bai)	30 % of amount	the total awarded
3	Respondent No.2/Claimant/brother (Ramkumar Gond)	10 % of amount	the total awarded
4	Respondent No.3/Claimant/brother (Rakesh Kumar Gond)	10 % of amount	the total awarded

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The remaining portion of the impugned award shall remain intact. Ordered accordingly.

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With the aforesaid modification, this petition stands disposed of .

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A copy of this order be sent to the concerned Tribunal for necessary compliance and disbursement of amount to the claimants as mentioned above.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Ajay

Santoshi Bai Gond v. Samarin Bai Gond

Case brief

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Santoshi Bai Gond v. Samarin Bai Gond

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