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2025 DAILYLAW 19047 (CHH)

YASHWANT SINGH v. SANTURAM

MAC/327/2021 · 2025-04-22

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:18237 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 327 of 2021 1 - Yashwant Singh S/o Virendra Singh Gour Aged About 38 Years (Now Aged About 43 Years) Resident Of Near Sai Mandir, Gondpara, Bilaspur , Tahsil And District Bilaspur Chhattisgarh At Present Resident Of Block No. E 24, Near Nikhil Ashram, Atal Awas, Bahtarai, Police Station Sarkanda, District Bilaspur, District : Bilaspur, Chhattisgarh. 2 - Ku. Ashi Gaur D/o Yashwant Singh Gour Aged About 5 Years (Now Aged About 10 Years) Minor Represented Through Legal Guradian And Father Yashwant Singh Gour, Resident Of Near Sai Mandir, Gondpara, Bilaspur , Tahsil And District Bilaspur Chhattisgarh At Present Resident Of Block No, E 24, Near Nikhil Ashram, Atal Awas , Bahtarai, Police Station Sarkanda, District Bilaspur, District : Bilaspur, Chhattisgarh. ... Appellant(s) versus 1 - Santuram S/o Kanhaiyalal Jaiswal Aged About 30 Years Resident Of House No. L 01, Quarter 1034, 1033 Deendayal Colony, Mangla, District Bilaspur Chhattisgarh. (Driver Bolero No. C.G. 10 N 2277), District : Bilaspur, Chhattisgarh. 2 - Ramswarup Chandrakar S/o Late Balaram Chandrakar Aged About 61 Years Resident Of Kumharpara, Jarhabhatha, Tahsil And District Bilaspur Chhattisgarh. (Owner Bolero No. C.G. 10 N 2277). 3 - Shriram General Insurance Company Limited Through Shriram General Insurance Company Limited, Second Floor, C.G. Palza, Agrasen Chowk, Near Telephone Exchange, Bilaspur , Tahsil And District Bilaspur Chhattisgarh. (Insurer Bolero No. C.G. 10 N 2277). ... Respondent(s) (Cause Title is taken from Case Information System) For Appellants : None For Respondent No.3 : Mr. Sourabh Gupta, Advocate, holding the brief of Mr. Sourabh Sharma, Advocate Digitally signed by NADIM MOHLE -2- Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 22.04.2025 1) Mr. Sourabh Gupta, learned counsel appearing for the respondent No.3 submits that against the award dated 13.09.2018 passed by the learned Additional Motor Accident Claims Tribunal, Bilaspur, in Claim Case No. 628/2017, an earlier appeal bearing MAC No. 1903 of 2018 was preferred by the claimants, namely Yashwant Singh and Ku. Ashi Goura. The said appeal was dismissed on merits by the Coordinate Bench vide order dated 09.04.2019. He further submits that the present appeal, preferred on 23.06.2021, has been filed by suppressing the fact that an earlier appeal against the same award had already been dismissed. 2) Heard. 3) Considering the fact that the earlier appeal bearing MAC No. 1903 of 2018, arising out of the same award, was dismissed on merits, the present appeal filed against the same award by the same claimants is not maintainable. Accordingly, the appeal is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Nadim