2026:CGHC:17305 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 442 of 2026

1 - Smt. Ekta @ Jyoti Sahu W/o. Late Jitendra Kumar Sahu Aged About 24 Years Presently R/o. In The House of Khilendra Sahu, Mamta Nagar, Rajnandgaon, Permanent Address Village Khamhardih, Tahsil Khairagarh, District- Rajnandgaon, Chhattisgarh.

... Petitioner(s)

Versus

1 - Tameshwar Patel S/o. Santu Patel Aged About 39 Years R/o. Village Babura (Gandai), Thana Gandai, Pandariya, Tahsil Chuikhadan, District, Rajnandgaon Chhattisgarh (Driver).

2 - Vicky Agrawal S/o. Ishwar Prasad Agrawal R/o. Gandai, Tahsil Chuikhadan, Distrct- Rajnandgaon, Chhattisgarh (Owner)

3 - IFCO Tokia Insurance Company Through It's Branch Manager, Branch Office Near Anupam Nagar, Rajnandgaon, District- Rajnandgaon Chhattisgarh (Insurer)

4 - Smt. Chander Bai W/o. Late Hajarilal Sahu Aged About 67 Years R/o.

Village Khamhardih, Tahsil- Khairagarh, District- Rajnandgaon Chhattisgarh.

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Shri Parag Kotecha, Advocate.

Hon’ble Shri Justice Ravindra Kumar Agrawal, J

Order on Board

15.04 . 202 6

1. The present writ petition under Article 227 of the Constitution of India has been filed by the petitioner challenging the order dated 10.03.2026 whereby the application for premature withdrawal of an amount of Rs.5,00,000/- from the fixed deposit kept in the name of petitioner has been rejected.

2. Learned counsel for the petitioner would submit that the petitioner was claimant in Claim Case No.260 of 2021 which was decided by the Additional Motor Accident Claims Tribunal, Rajnandgaon, vide award dated 20.07.2022 and an amount of Rs.8,93,000/- was awarded as compensation against death of her husband Jitendra Kumar Sahu in a mother accident. The petitioner challenged the said award dated 20.07.2022 before this court in MAC No.1400 of 2022 and claimed enhancement of compensation amount. The said appeal was decided on 23.09.2025 by the Coordinate Bench of this court and total awarded amount of Rs.8,93,000/- was enhanced to 16,51,000/-. Pursuant to the enhanced amount as ordered by the coordinate Bench on 23.09.2025, the enhanced amount including interest amount of Rs.10,54,854/-was deposited by the insurance company and the claims Tribunal vide its order dated 27.01.2026 disbursed Rs.2,00,000/- in cash and remaining amount of Rs.8,54,854/- was ordered to be kept in fixed deposit in the name of petitioner for a further period of three years. On 09.02.2026 the petitioner filed her application before the Tribunal for premature withdrawal of Rs.5,00,000/- out of Rs.8,54,854/- which was kept in fixed deposit on the ground that she is suffering from eye disease for which she needs to undergo surgery and huge amount is required for her treatment. The said application of the petitioner has been rejected by the Tribunal on 10.03.2026 which is under challenge in the present writ petition.

3. He would further submit that keeping the amount in fixed deposit would not subserve the very purpose of grant of compensation. It would be of no use if the petitioner herself would be deprived of her treatment for want of sufficient amount and the amount is kept in fixed deposit. The very purpose of keeping the amount in fixed deposit for the benefit of claimants, however, if it is not disbursed at the time of her requirement, it would cause great hardship to the petitioner. The petitioner being matured and married lady having knowledge of her well being is required in huge sum for her treatment, yet the Tribunal rejected the application on mechanical ground that the petitioner could not substantiate the ground for premature release by producing sufficient document. Therefore, by interfering with the impugned order, the petitioner may be permitted to prematurely withdraw the amount of Rs.5,00,000/- from the amount kept in fixed deposit in her name.

4. I have heard the counsel for the petitioner and perused the document annexed with the petition.

5. Pu