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2019 DAILYLAW 1241 (CHH)

SURENDRA BHAGAT v. SMT. KHRISTINA

MAC/1258/2019 · 2026-04-28

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 1258 of 2019 2026:CGHC:19815 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1258 of 2019  Surendra Bhagat S/o Banshram, Aged About 35 Years, Occupation- Transport, R/o Balachhapar, P.S. And District- Jashpur, Chhattisgarh...........(Res. Owner). ... Appellant versus 1. Smt. Khristina W/o Jaharsai, Aged About 45 Years; 2. Dipika D/o Jahar Sai, Aged About 22 Years; 3. Roshni D/o Jahar Sai, Aged About 20 Years; 4. Rashmi D/o Jahar Sai, Aged About 19 Years; 5. Anjan D/o Jahar Sai, Aged About 18 Years; Respondents No.1 to 5 are Caste Uraon, R/o Village Besrabahar, P.S. and Tahsil Lailunga, District- Raigarh, Chhattisgarh................(Claimants). 6. Dhan Singh S/o Kastu Ram, Aged About 21 Years, Occupation Vehicle Driver, R/o Jhakkadpur, P.S. Patthalgaon, District- Jashpur, Chhattisgarh........(Respondent). 7. The New India Insurance Company Limited, Branch Office Raigarh Itwari Bazar Tahsil And District- Raigarh, Chhattisgarh........ (Respondent). ... Respondents For Appellant :- None. For Respondents :- None. 2 MAC No. 1258 of 2019 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.04.2026 1. None for the appellant in two rounds. 2.On perusal I.A. No. 1, application for condonation of delay in filing the instant appeal. 3.The appellant herein has preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 26.02.2014 passed by the Motor Accident Claims Tribunal, Raigarh, Chhattisgarh (for short “Claims Tribunal”) with a delay of 1848 days i.e. almost 5 years and for the delay the reason has been assigned by the appellant in the application at para 2 which states as under:- “2. That, the appellant has declared ex-parte by the claims tribunal after the issued notice for execution of the impugned order thereafter knowledge to the appellant, when impugned order was passed at that time the appellant out of state for working due to not appeared before the claims tribunal, in this reason delay has been occurred. “ 4.After going through the records it appears that the appellant was duly represented before the Claims Tribunal and the award to the tune of ₹26,57,536 was passed in favour of the claimants. However, the aforesaid reason assigned by the appellant in the application for condonation of delay is neither sufficient nor reasonable cause for 3 MAC No. 1258 of 2019 condoning the inordinate delay of 1848 days i.e. about 5 years and in not filing the appeal right in time. As such, I do not find any good ground to condone the inordinate delay of 1848 days i.e. about 5 years in filing the instant appeal and accordingly, the application for condonation of delay is rejected and consequently, the appeal is dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit