1 2025:CGHC:17602 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 374 of 2025 1 - Sanjeev Kumar Tripathi S/o U.N. Tripathi Aged About 40 Years R/o House No. E- 16, R.D.A. Colony Galgrah Marg Tikrapara District - Raipur Chhattisgarh ... Applicant versus 1 - Shri Mahadev Jogi S/o Shri Udaynath Jogi R/o Surupuri Kawardha In Front Of Filter Plant Mathpuraina Raipur Chhattisgarh (Driver Of The Offending Vehicle Truck Bearing Registration No. C.G. 04/ja/1097) 2 - Shri Naresh Turang S/o Shri D.R. Turang R/o Pachpedi Naka Raipur Chhattisgarh (Owner Of The Offending Vehicle Truck Bearing Registration No. C.G. 04/ja/1097 ) 3 - Royal Sundaram Alliance Insurance Com. Ltd. Chawla Complex Sai Nagar Devendra Nagar Raipur Chhattisgarh (Insurer Of The Offending Vehicle Truck Bearing Registration No. C.G. 04/ja/1097) ... Respondents For Applicant : Ms. Seema Singh, Advocate For Respondent No. 3 : Mr. Harshmander Rastogi, Advocate Hon'ble Shri Jusctice Sachin Singh Rajput Order on Board 17.04.2025 1. This is an application for restoration of MAC No. 217 of 2017 was dismissed for want of prosecution by this Court vide order dated 19.03.2024. The application is barred by limitation of 348 days. 2. Heard on I.A. No. 01/2025 application for condonation of delay in filing the MCC. 3. Though opposed, for the reasons mentioned in the application, the same is allowed and delay in filing the MCC is hereby condoned. 4. Also heard on application for restoration of MAC No. 217/2017. HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.04.17 16:40:12 +0530 2 5. Learned counsel for the appellant submits that the matter was listed on 19.03.2024 for final hearing but when the matter was called for hearing, counsel for the applicant could not appear before the Hon’ble Court, which is not deliberate. Therefore, he prays that the application may be allowed. 6. For the reasons mentioned in the restoration application and also considering the benevolent nature of Motor Vehicles Act, 1988, the order dated 19.03.2024 passed in MAC No. 217/2017 is hereby recalled. 7. Accordingly, MCC is allowed and the MAC No. 217 of 2017 is restored to its original number. 8. At this stage Mr. Harshmander Rastogi submits that though this Court has condoned the delay however there is no fault of the insurance company and in the event if the appeal is allowed and the compensation awarded in favour of the applicant is enhanced the insurance company would have to suffer unnecessary burden with the interest. 9. Ms. Seema Singh submits that for the period from 19.03.2024 till today i.e. 17.04.2025, the applicant is ready to forego the interest part. 10. In view of above, in the event if the compensation granted in favour of the applicant is enhanced by this Court while deciding the MAC No. 217/2017 the applicant shall not be entitled to interest from 19.03.2024 till today i.e. 17.04.2025. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge H.ANSARI