Allowed

Rohit Kumar Mathur v. Smt. Shanti Bai Sahu

Chhattisgarh HC17 Sept 2026MCC/878/2026

Case brief

AI extract

What is this about?

The High Court restored a motor accident claim appeal (MAC No. 1657/2023) that had been dismissed for want of prosecution. The applicant's counsel explained absence due to not noticing the cause list and illness. The court allowed restoration subject to payment of Rs. 20,000 costs to the claimants within three weeks.

What did the court decide?

MAC No. 1657/2023 restored subject to payment of Rs. 20,000 costs to claimants within three weeks

Rohit Kumar Mathur Vs Smt. Shanti Bai Sahu — Motor Accident Claims | Chhattisgarh HC (2026)

PRASHANT DEWANGAN

CGHC010357432026

2026:CGHC:40804

NAFR

Digitally signed by PRASHANT DEWANGAN Date: 2026.09.22 11:44:13 +0530

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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MCC No. 878 of 2026

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Rohit Kumar Mathur S/o Shri Nathuram Mathur Aged About 40 Years R/o A.T. 122, Ward No. 27, Indira, Nagar Doundi Tehsil Dalli Rajhara, District Balod C.G. ---(Driver And Owner).

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... Applicant

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versus

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1 - Smt. Shanti Bai Sahu Wd/o Late Sunderlal Sahu Aged About 61 Years R/o Village Ghupsal Post Bandhabazaar P.S. Gendatola Tehsil Churiya, District Rajnandgaon C.G.

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2 - Hiralal Sahu S/o Late Sunderlal Sahu Aged About 38 Years R/o Village Ghupsal Post Bandhabazaar P.S. Gendatola Tehsil Churiya, District Rajnandgaon C.G.

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3 - Komal Singh Sahu S/o Late Sunderlal Sahu Aged About 37 Years R/o Village Ghupsal Post Bandhabazaar P. S. Gendatola Tehsil Churiya, District Rajnandgaon C.G.

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4 - The United India, Insurance Company Limited, Through Branch Office In Front Of United Hospital, 1st Floor, Near Suman Medical, Old Bus Stand Road, Rajnandgaon, Tehsil And District Rajnandgaon, C.G.-------(Insurance Company)

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... Respondents

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For Applicant	: Mr. Aditya Shrivastav, Advocate
For Respondent No.4	: Ms. Anjali Nayak, Advocate appears on
	behalf of Mr. B.N. Nande, Advocate

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Hon'ble Shri Justice Sanjay Kumar Jaiswal

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Order on Board

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(18/09/2026 )

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Heard on admission.

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Admit.

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Learned counsel appearing for the applicant submits that, on the earlier occasion, when the case was listed for hearing on 23/07/2026, counsel for the applicant could not notice the listing of the case in the cause list and, therefore, could not appear before this Court. Thereafter, when the case was listed on 02/09/2026, counsel for the applicant could not appear before this Court on account of illness. Consequently, MAC No.1657/2023 came to be dismissed for want of prosecution.

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This is an owner’s appeal against the impugned award dated 26/08/2023 passed by the Motor Accident Claims Tribunal, Rajnandgaon, Chhattisgarh, in Claim Case No.186/2019. The accident in question occurred on 08/02/2019, whereas the award was passed by the learned Tribunal on 26/08/2023. The appeal was first listed before this Court on 04/10/2023. However, on the dates of dismissal, i.e., 23/07/2026 and 02/09/2026, none appeared nor any representation was made on behalf of the applicant. Consequently, the appeal came to be dismissed for want of prosecution. Due to the lack of interest on the part of the owner, the victim/claimants have not received any amount till date, despite more than seven years having elapsed since the date of the accident.

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Taking into consideration the submission made by learned counsel for the applicant and cause shown in the application, I am inclined to restore MAC No.1657/2023 subject to payment of cost of Rs.20,000/in favour of any of the claimants by cheque before the concerned Claims Tribunal within a period of three weeks’ from today.

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Accordingly, the prayer for restoration of the instant appeal is allowed and MAC No.1657/2023 is restored to its original number, subject to payment of costs of Rs.20,000/-.

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Accordingly, the MCC is disposed of.

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Sd/-

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(Sanjay Kumar Jaiswal) Judge

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Prashant

Rohit Kumar Mathur v. Smt. Shanti Bai Sahu

Case brief

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Rohit Kumar Mathur v. Smt. Shanti Bai Sahu

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