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2020 DAILYLAW 558 (CHH)

SMT. SUFAL BAI v. DAMODAR PRASAD SHARMA

MAC/577/2020 · 2026-04-29

Shri Sanjay K Agrawal

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Judgment text

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1 MAC No. 577 of 2020 2026:CGHC:20091 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 577 of 2020 1. Smt. Sufal Bai W/o Late Maujiram Pal, Aged About 60 Years; 2. Dudhe Pal S/o Maujiram Pal, Aged About 50 Years; 3. Narad Lal S/o Maujiram Pal Aged About 45 Years; 4. Madhupal S/o Maujiram Pal Aged About 35 Years; All are R/o Road Atariya Narmada, Police Station Chhuikhadan, District Rajnandgaon, Chhattisgarh. ... Appellants versus 1. Damodar Prasad Sharma S/o Keshav Prasad Sharma, Aged About 55 Years, R/o Ward No. 27, Kandarpara, Kabirdham Kawardha, Tahsil And District Kabirdham, Kawardha, Chhattisgarh. 2. Smt. Khushbu Mishra W/o Shirish Mishra, Aged About 31 Years, R/o Ward No. 03, Khairagarh, Tahsil Khairagah, District Rajnandgaon, Chhattisgarh. 3. Manager, Chola M.S. General Insurance Company, Branch Office Rajnandgaon, District Rajnandgaon, Chhattisgarh. ... Respondents For Appellants :- Mr. Abhishek Sharma, Advocate. For Respondent No.2 :- Mr. P.R. Patankar, Advocate. For Respondent No.3 :- Mr. Ghanshyam Patel, Advocate. ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH 2 MAC No. 577 of 2020 SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 30.04.2026 1. The appellants herein have preferred the present appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) questioning the impugned award/order dated 02.12.2019 passed by the Additional Motor Accident Claims Tribunal, Khairagarh, District Rajnandgaon, Chhattisgarh (for short “Claims Tribunal”) by which appellants’/claimants’ application dismissed as barred by limitation. 2. Mr. Abhishek Sharma, learned counsel for the appellants, would submit that the Claims Tribunal is absolutely unjustified in dismissing the claimants’/appellants’ claim petition/application as barred by limitation and the same is apparently illegal and is liable to set aside in light of decision rendered by the co-ordinate Bench of this Court in the matter of Mukesh Patle v. Shailendra Verma and ors.1. 3. Mr. P.R. Patankar and Mr. Ghanshyam Patel, learned counsel for the respective respondents, would oppose the submission made by learned counsel for the appellants and support the impugned award/order. 4. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records precisely. 1 MAC No.605 of 2020; decided on 20.01.2021 3 MAC No. 577 of 2020 5. In the instant case the accident occurred on 03.03.2019 and amended Motor Vehicles Act came into force on 01.04.2022 prescribing period of six months for filing claim petition/application from the date of accident under Section 166(3) of the Act. However, the issue involved in the present case has already been considered and decided by the co-ordinate Bench of this Court in the matter of Mukesh Patle (supra), as such, in light of decision rendered in the matter of Mukesh Patle (supra), the impugned award/impugned order is set aside and the matter is remitted to the concerned Claims Tribunal to consider and decide the claimants’/appellants’ claim petition/application in accordance with law on merits within a period of six months from the date of receipt of copy of this order. 6. Accordingly, the appeal is allowed to the extent indicated herein above. Sd/- (Sanjay K. Agrawal) Judge Ankit