Dismissed

Icici Lombard General Insurance Company Limited v. Gautam Haldhar

Chhattisgarh HC8 Sept 2024CR/148/2024

Case brief

AI extract

What is this about?

The High Court of Chhattisgarh dismissed a civil revision challenging the rejection of an application under Order 7 Rule 11 CPC. The court held that the claim petition was filed immediately after the summer vacation ended, making it time-barred under Section 166(3) MVA but saveable under Section 4 of the Limitation Act.

What the court decided

AI extract

Icici Lombard General Insurance Company Limited… — Motor Accident Claims | Chhattisgarh HC (2024)

2024:CGHC:35068

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

CR No. 148 of 2024

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ICICI Lombard General Insurance Company Limited Registered Office At ICICI Lombard House, 414, Veer Savarkar Marg, Near Siddhi Vinayak Temple, Prabhadevi Mumbai Mh, Thro Legal Manager Deepak Soni 33 Years S/o Late M.L.Soni Icici Lombard General Insurance Co. Ltd. 5th Floor, Sky Park, In Front Of Bhatiya Hospital Civil Lines, Raipur District Raipur Chhattisgarh

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... Applicant

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versus

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Gautam Haldhar S/o Pokhan Haldhar Aged About 27 Years R/o Bengali Colony, Nadi Mod, Ghodari, Ps Teh. And District Mahasamund Chhattisgarh

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Sushant Huika S/o Shridhar Huika Aged About 35 Years R/o Peda Kunda Po B.S.Khaal, Ps Chadeli, District Raigada Odisha

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Nilambar Ganta S/o Kamal Ganta Aged About 50 Years R/o Pindapara, Ps Bakhalipadar Teh And District Raigada, Odisha

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... Respondents

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(Cause Title is taken from Case Information System)

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For Petitioner : Mr. Raja Sharma, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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0 9.09.2024

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The applicant has challenged the order passed by the learned Ist Additional Motor Accident Claims Tribunal, Mahasamund (C.G.) in MACT No. 120 of 2023, wherein, the application filed under Order 7 Rule 11 of the CPC has been rejected.

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Learned counsel for the applicant submitted that the claim case was filed by the claimants after the expiry of 6 months, therefore, according to the

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provisions of Section 166(3) of the Motor Vehicles Act, the claim case was not competent. He further submitted that the learned Ist Additional Motor Accident Claims Tribunal, Mahasamund without assigning sufficient reason and without following the procedure contemplated under Section 166(3) of the Motor Vehicles Act passed the order.

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I have heard learned counsel appearing for the applicant and perused the record placed on the record.

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A perusal of the order would reveal that the deceased met an accident on 03.12.2022 and the claim case was filed under Section 166 of the Motor Vehicles Act on 12.06.2023, there was summer vacation in the Civil Court from 15.05.2023 to 11.06.2023 and immediately thereafter on the 12 th of June, 2023, the claim case was filed. The claimant would get the benefit of Section 4 of the Limitation Act as immediately, after the expiry of the summer vacation, the claim case was filed.

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Taking into consideration the above-stated facts and the reasons recorded by the claims tribunal, it can safely be held that the claim case was within limitation therefore, I do not find any good ground to entertain the instant Civil Revision. Accordingly, the instant Revision fails and is hereby dismissed . No cost(s).

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Sd/-

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(Rakesh Mohan Pandey) Judge

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$iddhant

Icici Lombard General Insurance Company Limited v. Gautam Haldhar

Case brief

What is this about?

What the court decided

Icici Lombard General Insurance Company Limited v. Gautam Haldhar

Case brief

What is this about?

What the court decided

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