Allowed

Santan Kumar v. Smt. Radhabai

Chhattisgarh HC8 Sept 2016MCC/436/2016

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh allowed an application for restoration of a Motor Accident Claim (MAC No.777 of 2008) dismissed for want of prosecution despite a 2245-day delay, condoning the time limit due to compensation proceedings and vehicle ownership. The court conditioned restoration on the appellant depositing 50% of the total award within two months to access the amount.

What did the court decide?

Restoration of MAC No.777 of 2008 conditioned on depositing 50% of the total award amount within two months.

Santan Kumar Vs Smt. Radhabai — Civil Procedure and Limitation | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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MCC No. 436 of 2016

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Santan Kumar S/o Bhakulram Sahu, Aged About 37 Years R/o Village Temri, Post Temri, Police Station Nandghat, Tahsil Navagarh, District Bemetara (Chhattisgarh).......... (Appellant)

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---- Petitioner

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Versus

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Smt. Radhabai W/o Baliram @ Babla Yadav, Aged About 35 Years

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Beena Yadav, D/o Baliram @ Babla Yadav, Aged About 19 Years

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Ku. Hamin Yadav, D/o Baliram @ Babla Yadav, Aged About 16 Years

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Ku. Leena Yadav, D/o Baliram @ Babla Yadav, Aged About 14 Years

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Kishore Yadav, S/o Baliram @ Babla Yadav, Aged About 17 Years

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Khelu Yadav, S/o Baliram @ Babla Yadav, Aged About 7 Years

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Respondents No. 4 to 7 are Minor, Through Their Natural Guardian Mother Smt. Radhabai, W/o Baliram @ Babla Yadav

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Rugu Yadav, S/o Peelu Yadav, Aged About 65 Years

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Bhaktin Yadav, W/o Rugu Yadav, Aged About 62 Years All R/o Village Temri, Police Station Nandghat, Tahsil Navagarh, District Bemetara (Chhattisgarh)

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The Oriental Insurance Company Divisional Office, Near Bus Stand, Bilaspur, District Bilaspur (Chhattisgarh)

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---- Respondent

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For applicant Shri R.K. Pali, Advocate For Respondents No.1 to 8 Ms. N.K. Kashyap, Advocate For Respondent No.9 Shri R.N. Pusty, Advocate

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Hon'ble Shri Justice Prashant Kumar Mishra Hon'ble Shri Justice Chandra Bhushan Bajpai

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Order On Board

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08/09/2016

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This is an application for restoration of MAC No.777 of 2008,

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which was dismissed for want of prosecution on 5-2-2010.

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At the very outset, learned counsel appearing for the respondents oppose the prayer for restoration of MAC No.777 of 2008.

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Although the restoration application is barred by 2245 days, yet considering the fact that it arises out of proceedings seeking compensation and the applicant is the owner of the vehicle, the delay in filing the MCC is condoned. Accordingly,

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I.A.No.1 stands disposed of.

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On merits :

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After hearing learned counsel appearing for the parties at length and balancing the interest of all concerned, the MCC is allowed and MAC No.777 of 2008 is restored to its original

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number, subject, however, to the appellant depositing 50% of the total award amount before the Motor Accident Claims Tribunal within a period of two months from today, failing which this order for restoration shall loose its efficacy. It is also observed that in the event appellant's appeal is allowed, the amount of 50% deposited by him may be directed to be reimbursed to him by the Insurance Company.

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If 50% of the award amount is deposited by the appellant within a period of two months, the claimants would be at liberty to withdraw the said amount.

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A copy of this order be placed on the record of MAC No.777 of 2008.

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sd/sd/-

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Judge Judge Prashant Kumar Mishra Chandra Bhushan Bajpai

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Gowri

Santan Kumar v. Smt. Radhabai

Case brief

What is this about?

What did the court decide?

Santan Kumar v. Smt. Radhabai

Case brief

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