Digitally signed SAGRIKA b A y G R SA A G W R A I L KA 2026:CGHC:14430 AGRAWAL Date:

2026.03.30 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 338 of 2026

1 - Smt. Laxmi Sahu Wd/o Late Tikendra Kumar Sahu Aged About 25 Years R/o Parastarai, Shanti Chowk, Ward No. 06, P.S. Dharsiva, District Raipur, C.G.

2 - Ramji Sahu S/o Late Firturam Sahu Aged About 48 Years R/o Parastarai, Shanti Chowk, Ward No. 06, P.S. Dharsiva, District Raipur, C.G.

3 - Smt. Pramila Sahu W/o Shri Ramji Sahu Aged About 44 Years R/o Parastarai, Shanti Chowk, Ward No. 06, P.S. Dharsiva, District Raipur, C.G.

... Petitioner(s)

versus

1 - Chandrabhan Verma S/o Shri Ratiram Verma Aged About 33 Years R/o Village Khudmudi, P.S. Newra, Tilda, District Raipur, C.G. (Driver Of The Motorcycle No. C.G. 04 / H R / 6311)

2 - H.D.F.C. I R G O General Insurance Company Limited Through The Incharge Officer, H.D.F.C. I.R.G.O. General Insurance Company Limited, Third Floor, Chawla Complex, Devendra Nagar Road, Sai Nagar, District Raipur, C.G. (Driver Of The Motorcycle No. C.G. 04 / H R / 6311)

3 - Khilendra Kumar Sahu S/o Late Tikendra Kumar Sahu Aged About 5 Years Minor Through Natural Guardian- Mother Smt. Laxmi Sahu, R/o Parastarai, Shanti Chowk, Ward No. 06, P.S. Dharsiva, District Raipur, C.G.

4 - Hemraj Sahu S/o Late Tikendra Kumar Sahu Aged About 2 Years Minor Through Natural Guardian- Mother Smt. Laxmi Sahu, R/o Parastarai, Shanti Chowk, Ward No. 06, P.S. Dharsiva, District Raipur, C.G.

... Respondent(s)

For Petitioner(s) : Mr. Pushpendra Kumar Patel, Advocate Hon'ble Shri Justice Ravindra Kumar Agrawal

Order on Board

25.03.2026

1. Heard.

2. Present is a writ petition under Article 227 of Constitution of India filed by the petitioners against the impugned order dated 30.01.2026 passed by learned 9^th Addl. Motor Accident Claims Tribunal, Raipur (in short claims tribunal, Raipur) in MJC No. 211/2026 whereby the application filed by the petitioners for withdrawal of the amount from the fixed deposits which was kept in the names of the petitioners as well as Respondent Nos. 3 and 4 have been rejected.

3. The facts of the case are that the petitioners as well as the Respondent No. 3 and 4 were the claimants in the claim case No. 474/2019 which was decided by the learned Claims Tribunal, Raipur vide its award dated 30.09.2022 and an amount of Rs. 3761392/- was awarded in favour of the claimants as compensation against death of one Tikendra Kumar Sahu. The claimants being the wife, children and parents of the deceased had claimed the said amount. In the award dated 30.09.2022, there was an apportionment of the amount of the award that out of the total compensation, the claimant No. 1 Smt. Laxmi Sahu was entitled for Rs. 4,50,000/-, claimant No. 4 Ramjeet Sahu and claimant No. 5 Smt. Prameela Sahu were entitled for Rs. 1,25,000/- each in cash. The remaining amount to the compensation shall be kept in fixed deposit in any nationalized bank to the instance that the 30% of the remaining amount should be deposited in the names of Laxmi Sahu, Khilendra Kumar Sahu and Hemraj Sahu and the remaining amount in equal proportion shall be kept in fixed deposit in the names of claimants No. 4 and 5, for the period of 5-5 years and the amount which has been so deposited in the names of minor claimants should have been deposited up to their age of majority. It is also ordered that the major claimants can received the interest over their fixed deposits and the said amount so deposited in the names of minor claims, shall not be withdrawn before their majority without prior permission of the Court.

4. The petitioners had filed an application before the learned Claims Tribunal, Raipur on 31.07.2025 for pre-mature release of the withdrawal of the amount deposited in the names of the petitioners in fixed deposit as per the conditions/ award dated 30.09.2022. On the ground that the petitioners entered into an agreement to purchase a land from its owner Shaligram Pal on 18.07.2025 and therefore, they are