Chattisgarh High Court

Safed Kumar (Died And Deleted) vs Gulshan Kumar on 20 January, 2025

                                          1




                                                           2025:CGHC:3505


                                                                            NAFR

            HIGH COURT OF CHHATTISGARH AT BILASPUR

                              REVP No. 207 of 2024

1 - Safed Kumar (Died And Deleted) S/o Shri Mahendra Kumar Patel, Aged
About 55 Years, R/o Village Saraipali, P.S. Saraipali, District Mahasamund
Chhattisgarh.
2 - Smt. Maya Patel W/o Shri Safed Kumar Aged About 45 Years R/o Village
Saraipali, P.S. Saraipali, District Mahasamund Chhattisgarh (Claimant).
3 - Anmol S/o Shri Vinay Kumar Patel Aged About 8 Years Minor Through
Legal Guardian Grandfather Safed Kumar, R/o Village Saraipali, P.S. Saraipali,
District Mahasamund Chhattisgarh (Claimant).


                                                                      ... applicants


                                       versus
1 - Gulshan Kumar S/o Shri Nirmal Das Aged About 30 Years R/o Bandana
Tad, P.S. Chitiri District Gidi (Jharkhand) (Driver).
2 - Manoj Manchanda S/o Shri V.C. Manchanda R/o 20 Shaila, Mukharji Road,
First Floor, Golabari Hawda (West Bengal) (Owner).
3 - Branch Manager The Reliance General Insurance Company Ltd. Ravi
Bhawan Shop No. 212, 213, Near Jay Stambh Chowk, G.E. Road, Raipur
Chhattisgarh (Insurer).
4 - Smt. Sunita Patel W/o Santosh Patel R/o Village Ajgarbar, Post Limbaraha,
Tahsil Basna, District Mahasamund Chhattisgarh (Witness).


                                                                 ... Respondents

For Applicants : Mr. Arjun Lal Singroul, Advocate For Res. No. 3 : Ms. Harneet Kaur holding brief of Mr. Saurabh Sharma, Advocate For Res. No. 4 : None, though served.

Hon'ble Shri Justice Ravindra Kumar Agrawal Judgment on Board 20.01.2025

1. Present is a review petition filed by the claimants against the order dated

22.08.2024, passed by this Court in MAC No. 1733 of 2017 whereby this

Court has enhanced the total amount of compensation of Rs. 1,15,000/-

over and above the amount of compensation awarded by the learned

Claims Tribunal and directed that 50% of the total amount of

compensation shall be kept in fixed deposit in the name of claimant No. 3

Anmol son of Late Vineet Kumar Patel and further directed that the

remaining amount shall be disbursed to the claimants and non-applicant

No. 4 in equal proposal through account payee cheque or bank

transaction.

2. Learned counsel for the applicants would submit that non-applicant No.

4- Ms. Sunita Patel was the wife of the deceased Vineet Kumar Patel

and divorce has already been taken place between Non-applicant No. 4

and her husband Vineet Kumar Patel (since deceased) on 13.01.2015.

After the divorce, Vinay Kumar Patel has died in the motor accident

which has occurred on 20.04.2015. He would also submit that prior to

the date of accident, she has already remarried with one Santosh Kumar

Patel and was dependent upon him. Since she has already divorced and

was not dependent upon the deceased Vineet Kumar Patel, she has not

claimed the compensation on account of accidental death of Vineet

Kumar Patel, however, considering her status, she was being made as

non-applicant No. 4 in the claim application filed before the learned

Claims Tribunal. While deciding the claim case No. 23/2015, the learned

Claims Tribunal has awarded Rs. 1,00000/-(Rs. One lakh) in favour of

the non-applicant No. 4 and the remaining amount was awarded to the

claimants.

3. Against the impugned award dated 31.03.2017, the claimants have filed

an appeal before this Court for enhancement of the compensation

amount whereas the Insurance Company has also filed an appeal

challenging their liability. Both these appeals were decided together on

22.08.2024 and Rs. 1,15000/- has been enhanced over and above the

total compensation awarded by the learned Claims Tribunal and in

paragraph 16 of the order dated 22.08.2024 passed by this Court in

MAC No. 1733 of 2017, it has been ordered that "out of total amount

so deposited by the Insurance Company, 50% shall be deposited

in the name of Claimant No. 3- Anmol by way of fixed deposit for

the period of 5 years in any Nationalised bank. The remaining

amount of compensation shall be disbursed to the claimants as

as well as non-applicants No. 4 in equal proportion through

account payee cheque/bank transaction."

4. The Review petitioner is aggrieved by this part of the order that "the

remaining amount shall be disbursed to the claimants as well as the non-

applicant No. 4 in equal proportion". He would further submit that since

the Non-applicant No. 4 has not filed any appeal considering her status

and the learned Claims Tribunal has already awarded Rs. 1,00000/- ,

therefore, she cannot be awarded more than 1,00000/- but by the order

dated 22.08.2024, the remaining 50% amount is to be apportion in her

favour also, therefore, the claimants would be suffered by huge loss and

this part of the order may be reviewed.

5. On the other hand learned counsel for respondent No. 3 has has not

opposed the submission made by the petitioner.

6. No one appears on behalf of respondent No. 4 though served.

7. In the award dated 31.03.2017, passed by the learned Claims Tribunal, it

reflects in paragraph 19 that the non-applicant No. 4 only awarded Rs.

1,00,000/- on account of mental agony and pain and suffering. The non-

applicant No 4 Smt. Sunita Patel has not challenged that part of the

finding and not filed any appeal against the impugned award passed by

the learned Claims Tribunal. It also appears that by the order impugned

dated 22.08.2024, the non-applicant No. 4 is also entitled for the

compensation in equal proportion with that of the applicants which does

affect the rights of the claimants and therefore, this Court finds force in

the submissions made by learned counsel for the applicants and the

order dated 22.08.2024 needs to be reviewed by deleting that part of the

order and substituting the other part therefore,the paragraph 16 of the

order dated 28.02.2024 passed by this Court in MAC No. 1733 of 2017

is modified as followed:

" The penal interest awarded by the learned Claims Tribunal is also

modified to the extent that the amount awarded by the learned

Claims Tribunal as well as enhanced amount awarded by this Court

shall carry the simple interest @ 6% per annum from the date of

claim application till its realization. The amount of compensation is

directed to be deposited by the insurance company within 90 days

from today. Out of total amount so deposited by the Insurance

Company 50% shall be deposited in the name of Claimant No. 3

Anmol S/o Late Vinay Kumar Patel in the fixed deposit for the period

of 5 years in any Nationalised bank. Out of the remaining amount,

Rs. 1,00000/- shall be paid to non-applicant No. 4- Smt. Sunita Patel

as per paragraph 19 of the award passed by the learned Claims

Tribunal and she is entitled for the compensation only to that extent.