Disposed¶23

Seema Pandey v. Smt. Kusma Devi

Chhattisgarh HC17 Oct 2024MAC/376/2017

Case brief

AI extract

What is this about?

Motor accident appeal MAC No. 376 of 2017, High Court of Chhattisgarh, Bilaspur; Justice Radhakishan Agrawal; disposal without merits adjudication; appeal by owner and driver of offending vehicle against MACT Raipur award dated 24.06.2016 in Claim Case No.10/2012; de-linking from connected appeals MAC No.303/2016 and MAC No.304/2016; reliance on prior co-ordinate Bench decision dated 22.07.2024 in claimants' appeal MAC No.1304/2016; pay and recovery order against owner and driver; Cholamandalam MS General Insurance Company as insurer; no statutory provision or precedent discussed; no quantum awarded.

What did the court decide?

Appeal disposed of without fresh adjudication on merits, in view of the co-ordinate Bench's order in MAC No.1304/2016; appeal de-linked from MAC No.303/2016 and MAC No.304/2016. ¶23

Seema Pandey Vs Smt. Kusma Devi — Chhattisgarh HC (2024) — LawSathi Research

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NAFR

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Digitally signed by PRAKASH KUMAR Date: 2024.10.22 17:48:59 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MAC No. 376 of 2017

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Seema Pandey W/o Sandeep Pandey, Aged About 34 Years R/o Gidhpuri, P.S. Palari, District Raipur, Chhattisgarh ................Owner,

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Virendra S/o Patalu Ram Bansod, Aged About 28 Years R/o Bazar Chowk Palari, P.S. Palari, District Raipur, Chhattisgarh ...............Driver,

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.... Appellants

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Versus

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Smt. Kusma Devi W/o Late Gulab Singh, Aged About 35 Years,

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Shri Kishan S/o Late Gulab Singh, Aged About 9 Years,

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Rahul S/o Late Gulab Singh, Aged About 5 Years, No.2 & 3 are minor through their natural guardian mother Smt. Kusma Devi Respondent No.1,

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All are R/o P.S. Bhatapara, District Raipur, Chhattisgarh, At Present Through Bahadur Singh Yadav, Campus Near Shiv Mandir, Pandari, Raipur, District Raipur, Chhattisgarh .................Claimants,

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Cholamandlam M.S. General Insurance Company Limited, Through Incharge Officer, Chola Mandalam M.S. General Insurance Company Limited, Hinduja Complex, Paras Nagar Chowk, Near Railway Line, Devendra Nagar Raipur, District Raipur, Chhattisgarh ...............Insurer

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... Respondents For Appellant : Mr. Raghvendra Pradhan and Ms. Prachi Singh, Advocates For Respondent : None

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Hon’ble Shri Justice Radhakishan Agrawal Order on Board

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18/10/2024

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1. The present appeal is directed against the impugned award dated

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24.06.2016 passed by the Additional Motor Accidents Tribunal, Raipur (C.G.) in Claim Case No.10/2012. Being aggrieved with the said award, the appellants i.e. owner and driver have preferred this appeal.

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Learned counsel appearing for the appellants i.e. owner and driver of the offending vehicle submits that this appeal has wrongly been linked with the other connected appeals i.e. MAC No.303/2016 and MAC No.304/2016. He further submits that the claimants who have filed an appeal being MAC No.1304/2016, are also arrayed as respondent Nos.1, 2 & 3 in the present appeal, which already been decided by the co-ordinate Bench of this Court on 22.07.2024. Further, the owner and driver i.e. appellants herein, have already raised all the grounds in MAC No.1304/2016 and subsequently, after adjudicating the case on merits, learned co-ordinate Bench passed the order of pay and recovery against the owner and driver of the offending vehicle.

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In view of the above submission and in the light of the order passed by the co-ordinate Bench of this Court in MAC No.1304/2016, at present, there is no requirement to adjudicate the case in hand. Meanwhile, the present appeal is de-linked with other connected appeals i.e. MAC No.303/2016 and MAC No.304/2016.

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Accordingly, the present appeal is disposed of.

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Sd/-

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(Radhakishan Agrawal)

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Judge

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Prakash

Seema Pandey v. Smt. Kusma Devi

Case brief

What is this about?

What did the court decide?

Seema Pandey v. Smt. Kusma Devi

Case brief

What is this about?

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