D by ig S it U a M lly I T signed 2026:CGHC:17300 SUMIT KUMAR KUMARD a 2 te 6 :

.04.17 15:44:23 +0530 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1146 of 2025 Ramvilash Pawle S/o Late Shri Jethuram Pawle Aged About 53 Years R/o Village Bhatko (Lagrupara), Police Station And Tehsil - Batauli, District -

Surguja, Chhattisgarh ... Petitioner(s)

versus

1 - Arun Kumar S/o Jagdish Singh Aged About 40 Years R/o Village - Mutkupura, Post And Police Station - Jethpur, District Agra, Uttarpradesh 2 - Chola Mandalam M.S. General Insurance Company Limited Through Its Branch Manager, Branch Office - Lucknow Branch, Cyber Heights, Office Space No. 313,314,315, Third Floor, Vibhumi Khand, Gomti Nagar, Lucknow, Uttar Pradesh Through Chola Mandalam M.S. General Insurance Company Limited Through Its Branch Manager, Branch Office - Ward No. 25 (Guru Gobind Singh Ward) Second Floor, Simran Tower, Near L.I.C. Building, Pandri, Raipur, District - Raipur Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Aditya Kumar Mishra, Advocate (Hon’ble Shri Justice Ravindra Kumar Agrawal, J.)

Order on Board

15/04/2026 1. Heard.

2. Present is a writ petition filed under Article 227 of the Constitution of India against the order dated 03.07.2025 passed by learned Principal Motor Accident Claims Tribunal, Ambikapur, District – Surguja (C.G.) in MCC No. 101/2025, whereby the application of the petitioner for premature release of Rs. 4,00,000/- from the fixed deposits has been partly allowed and permitted for premature withdrawal of Rs. 1,50,000/-

only out of total Rs. 5,00,000/- from the fixed deposits.

3. Learned counsel for the petitioner would submit that total amount of Rs.

12,25,000/- was awarded in favor of the petitioner and his wife Smt. Durpati as compensation against the death of their son Akash. The said award was passed by National Lok Adalat, Bench No.1, Ambikapur in MACT Case No. 207/2023 vide award dated 21.09.2024. Thereafter, the insurance company has deposited the said amount of compensation. It was also the award that the petitioner as well as his wife Smt. Durpati shall received equal half share of the total amount of compensation and out of the total amount so received by them, Rs. 5,00,000/- in the name of the each of the applicant share be kept in fixed deposits in any nationalised bank for the further period of 7 years. He would further submit that pursuant to the award dated 21.09.2024, an amount of Rs. 5,00,000/- has been kept in the Fixed Deposit at Punjab National Bank, Ambikapur Branch in the name of the petitioner. He would also submit that the mother of the petitioner is suffering from ailment and for her treatment, he borrowed an amount of Rs. 3,00,000/-

in the month of January, 2025 from Pushp Kumar and he has to repay the said amount to him for which he is in dire need of money. He also submit that he also has to renovate his existing residential house for which also the huge amount is to be required, and therefore, out of Rs. 5,00,000/- which has been kept in fixed deposits in his name, he may be permitted to withdraw Rs. 4,00,000/- as premature withdrawal. He would also submit that the learned trial Court has erroneously rejected the application on the ground that there is no evidence produced by the applicant with respect to ailment of his mother and also that the agreement filed by the applicant is subsequently executed which can not be believed. He would also submit that learned trial Court has only permitted the applicant for premature withdrawal of the Rs. 1,50,000/- and now the petitioner prays for Rs. 1,50,000/- more for premature withdrawal.

4. I have heard learned counsel for the parties and perused the material annexed with the petition.

5. The amount of Rs. 5,00,000/- kept in fixed deposit in the name of applicant is not in dispute, it is only that he is claiming the premature withdrawal of the Rs. 4,00,000/- from the said amount kept in fixed deposits. It has been transpired from the observation made by the learne