High CourtsSingle Bench(2018) 09 CHH CK 0311

Valsala Bai @ Vatsala Bai vs Sushma And Ors

Chhattisgarh High Court · Decided on 20 September 2018

HON’BLE JUDGES
Sanjay K. Agrawal, J
RESULT
Dismissed
CASE NUMBER
WP227 No. 813 Of 2018

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Judgment

13 paragraphs · 268 words

Sanjay K. Agrawal, J

1.

In a claim petition filed by the respondents No. 1 to 3 / claimants, claiming compensation of death of Shri Anand Kumar, the mother of the

deceased made an application for framing additional issues with regard to the age of the deceased and claimant No. 3 and also that the death of the

deceased is a criminal act, which has been rejected by the Claims Tribunal by order dated 20.02.2018 (Annexure - P/1) against which this writ petition

has been preferred.

2.

Learned counsel for the petitioner submits that the issues are required to be framed with regard to commission of murder of the deceased.

3.

I have heard learned counsel for the petitioner and perused the impugned order.

4.

The Claims Tribunal has assigned sufficient and valid reasons to reject the application of the petitioner. Even otherwise, the age of the deceased

and Claimant No. 3 is a matter of evidence and the parties are at liberty to lead evidence on the said question as the Claims Tribunal's scope of

enquiry is limited and in that case the question raised by the petitioner cannot be considered. As such, I do not find any merit in the writ petition.

5.

Accordingly, the writ petition deserves to be and is hereby dismissed. However, as the claim petition was filed and is pending before the Claims

Tribunal for more than three years, the Claims Tribunal is directed to consider and dispose of the claim case expeditiously, preferably within a period

of three months from the date of receipt of copy of this order. No cost(s).