Disposed

Ashok Tirkey v. Makariyus Lakra

Chhattisgarh HC12 Sept 2024WP227/809/2024

Case brief

AI extract

What is this about?

Writ petition seeking quashing of a second motor accident claim petition filed at Jashpur while an earlier claim case for the same accident was pending for evidence before the Tribunal at Ambikapur. The High Court directed the Jashpur Tribunal to drop the subsequent proceeding after enquiry.

What did the court decide?

MACT Jashpur directed to drop the subsequent proceeding (MACT No.14/2024) after suitable enquiry.

Ashok Tirkey Vs Makariyus Lakra — Motor Accident Claims | Chhattisgarh HC (2024)

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2024:CGHC:35940

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WP227 No. 809 of 2024

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1. Ashok Tirkey S/o Shri Petrus Tirkey Aged About 36 Years R/o VillageNear Anaaj Godaam, Mahadevdand, P.S.- Bagicha, Tehsil Bagicha, District Jashpur, Chhattisgarh

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2. Rijius Toppo S/o Late Shri Fedor Toppo Aged About 58 Years R/o Village- Near Anaaj Godaam, Mahadevdand, P.S.- Bagicha, Tehsil Bagicha, District Jashpur, Chhattisgarh

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... Petitioners

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versus

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1. Makariyus Lakra S/o Shri Mahadev Lakra Aged About 52 Years R/o Village- Bamba, P.S. Bagicha, Tehsil Bagicha, District Jashpur, Chhattisgarh

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2. Sunita Lakra W/o Makariyus Lakra Aged About 42 Years R/o VillageBamba, P.S.- Bagicha, Tehsil Bagicha, District Jashpur, Chhattisgarh

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3. H.D.F.C. Agro General Insurance Company Limited Through Its Branch Manager, 3^rd Floor, Chawla Complex, Devendra Nagar, Raipur, District Raipur, Chhattisgarh

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... Respondents

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For Petitioners

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: Mr. Vikram Singh Vishwakarma, Advocate.

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Hon'ble Shri Justice Deepak Kumar Tiwari

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Order On Board

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13/09/2024

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1. This petition has been filed for quashing of the Motor Accident Claim Case registered as MACT No.14/2024 Makariyush Lakra & Another v. Rijyush Toppo & Others, pending before the Motor Accident Claims Tribunal, Jashpur.

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2. At the outset, learned counsel for the petitioners would submit that the accident occurred on 13.06.2023. The Tractor was driven by petitioner No.1 and the Motorcycle was ridden by the son (now deceased) of respondents No.1 & 2. The respondents No.1 & 2 filed a claim application on 01.08.2023 before the MACT, Surguja, and it was registered as Case No.156/2023 (Filing No.582/2023 dated 01.08.2023) {pending before the Motor Accident Claims Tribunal, Surguja (Ambikapur)}. In the said case, when the matter was fixed for evidence, subsequently, the claimants have filed another Claim Petition vide MACT No.14/2024 on 19.02.2024 at Jashpur. Hence, he prays to quash the subsequent Claim Petition.

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3. Heard learned counsel for the parties and also perused the documents annexed with the petition carefully.

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4. Considering the fact that the claimants have already filed a Claim Case on 01.08.2023 before the MACT, Ambikapur and as per the case status downloaded from the website of the District & Sessions Judge Court, Surguja, the case has been fixed for evidence and further, in the subsequent claim application filed by the claimants on 19.02.2024 at Jashpur, notice has been issued to the petitioner, this Court deems it appropriate to direct the Motor

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Accident Claims Tribunal, Jashpur to drop the subsequent proceeding after conducting suitable enquiry. Ordered accordingly.

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5. A copy of this order be sent to the MACT, Ambikapur & Jashpur.

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6. With the aforesaid observations/directions, this Petition stands disposed of.

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Sd/-

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(Deepak Kumar Tiwari) Judge

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Priyanka

Ashok Tirkey v. Makariyus Lakra

Case brief

What is this about?

What did the court decide?

Ashok Tirkey v. Makariyus Lakra

Case brief

What is this about?

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