Disposed

Govind Bandhe v. Smt. Gita Bai Yadav

Chhattisgarh HC21 Oct 2016MAC/996/2016

Case brief

AI extract

What is this about?

The Chhattisgarh High Court allowed the appellant to withdraw the Motor Accident Claim (MAC). The court granted liberty to raise further grounds in appropriate litigation and directed the Tribunal to decide on security deposit refund applications.

What did the court decide?

Withdrawal of MAC with liberty to raise further grounds in appropriate litigation; direction to Tribunal to decide on refund of security deposit.

Govind Bandhe Vs Smt. Gita Bai Yadav — Civil Procedure and Limitation | Chhattisgarh HC (2016)

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MAC No. 996 of 2016

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Govind Bandhe S/o Jagmohan Bandhe, Aged About 29 Years R/o Village Kodia, Police Station Palari, District Baloda Bazar, CG....(Owner)

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---- Appellant

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Versus

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Smt. Gita Bai Yadav W/o Late Shri Santosh Yadav, Aged About 28 Years

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Ku. Manju Yadav, D/o Late Shri Santosh Yadav, Aged About 15 Years

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Hem Prakash Yadav, S/o Late Shri Santosh Yadav, Aged About 14 Years

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Ku. Draupati Yadav, D/o Late Shri Santosh Yadav, Aged About 12 Years

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Pukesh Yadav S/o Late Shri Santosh Yadav, Aged About 10 Years

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Sakha Ram Yadav, S/o Late Shri Charan Yadav, Aged About 60 Years

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Smt. Munni Yadav, W/o Shri Sakha Ram Yadav, Aged About 57 Years

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Respondents No. 2 and 5 are minor, through legal guardian mother and friend Smt. Gita Bai Yadav W/o. Late Shri Santosh Yadav

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All R/o Bazar Chowk, Khamtarai, Police Station Khamtarai, District Raipur, Chhattisgarh

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Bhauneshwar Verma, S/o Dhasrath Verma, Aged About 37 Years R/o Village Sinodha, Police Station Bhathapara, District Balodabazar, Chhattisgarh......(Owner Of The Motor Cycle Bearing No. 04 D. R. 0819)

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I.C.I.C.I. Lombard General Insurance Company Limited, Through Branch Manager, R/o Near Railway Crossing Devendra Nagar Raipur, District Raipur, Chhattisgarh..... (Insurer Of The Motor Cycle Bearing No. 04 D. R. 0819)

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Taman Bandhe S/o Jagmohan Bandhe, Aged About 29 Years R/o Village Kodia, Police Station Palari District Baloda Bazar, Chhattisgarh.....(Driver Of The Motor Cycle Bearing No. 04 K. B. 2829)

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---- Respondents

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For appellant : Mr. Sanjeev Kumar Sahu, Adv. For Respondent No. 1 to 7 : Mr. A.L. Singrol, Adv. For Respondent No. 8 : Mr. Rajeev Dubey, Adv. For Respondent No. 9 &10: None though served as per office note.

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Hon'ble Shri Justice Chandra Bhushan Bajpai

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Order On Board

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21/10/2016

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Learned counsel for the appellant seeks to withdraw instant MAC with liberty to raise the grounds taken in this appeal and other grounds to defend or to plead in appropriate litigation filed against the impugned award.

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If the appellant files an application for refund of the amount of security deposited before the Tribunal, the Tribunal shall decide the same in accordance with law.

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With above liberty and direction, the MAC is disposed of.

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Sd (Chandra Bhushan Bajpai) Judge

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Pathak

Govind Bandhe v. Smt. Gita Bai Yadav

Case brief

What is this about?

What did the court decide?

Govind Bandhe v. Smt. Gita Bai Yadav

Case brief

What is this about?

What did the court decide?

What the court decided

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