1 2025:CGHC:37076 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 401 of 2022 1 - Shri Mahamaya Transport Company Purani Basti, Katghora, Korba, District- Korba, Chhattisgarh, Through The Owner - Mohd. Anas S/o Narul Hassan, Aged About 26 Years, Occupation- Transporting, R/o Village- Chotiya, Police Station- Bango, District Korba, Chhattisgarh 2 - Heera Singh S/o Mukund Singh Aged About 24 Years Caste- Gond, Occupation- Driver, R/o Gurasiya, Mangarhapara, Police Station- Bango, District- Korba, Chhattisgarh ... Petitioners Versus 1 - Devanti Wd/o Late Babulal Aged About 24 Years By Caste- Gond, R/o Village- Makarbandha, Police Station And Tahsil- Ramanujnagar, District- Surajpur, Chhattisgarh 2 - Sanjay S/o Late Babulal Aged About 6 Years Minor Represented Through Mother And Legal Guardian Devanti Wd/o Late Babulal, Aged About 27 By Caste- Gond, R/o Village- Makarbandha, Police Station And Tahsil- Ramanujnagar, District- Surajpur, Chhattisgarh 3 - Ritesh S/o Late Babulal Aged About 4 Years Minor Represented Through Mother And Legal Guardian Devanti Wd/o Late Babulal, Aged About 27 By Caste- Gond, R/o Village- Makarbandha, Police Station And Tahsil- Ramanujnagar, District- Surajpur, Chhattisgarh 4 - Rinku S/o Late Babulal Aged About 2 Years Minor Represented Through Mother And Legal Guardian Devanti Wd/o Late Babulal, Aged About 27 By Caste- Gond, R/o Village- Makarbandha, Police Station And Tahsil- Ramanujnagar, District- Surajpur, Chhattisgarh 5 - Mehtin Wd/o Late Bhukhal Aged About 55 Years By Caste- Gond, R/o Village- Makarbandha, Police Station And Tahsil- Ramanujnagar, District- Surajpur, Chhattisgarh 6 - The Branch Manager The New India Insurance Company Limited, S.A.D.A. Complex, Transport Nagar, Korba, District- Korba, Chhattisgarh ... Respondents For Petitioners : None appeared, even in two rounds For Respondents : None appeared, even in two rounds Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.05 10:52:33 +0530 2 Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 29/07/2025 1. The petitioners have filed this petition seeking the following relief(s):- 10.1 That this Hon'ble Court may kindly be pleased to call the records of present case. 10.2 That this Hon'ble Court may kindly be pleased to quash the entire execution proceedings pending in Execution Case No. 110/2019 before the learned Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) against the appellants for execution of Award dated 06.07.2017 passed by the learned Third Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur (C.G.) 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given. 2. On account of death of one Babulal on 06.08.2015, a claim case was filed by respondents No. 1 to 5 under the provisions of Section 166 of the Motor Vehicles Act and an award to the tune of Rs.8,21,000/- was passed in respect of their favour and liability was fastened with the petitioners herein who are owner and driver of the vehicle. The claimants initiated the execution proceedings and after service of summons, the petitioners have challenged the proceedings of Execution Case No. 110/2019 by filing this petition inter alia on the ground that the petitioner No.1 is not a registered owner of the offending vehicle. 3. Perusal of the award would show that the award was passed on 06.07.2017 and despite service of summons, no one appeared and therefore, the award was passed in absence of the present petitioners. The learned Tribunal passed award to the tune of Rs.8,21,000/- and fastened liability with the petitioners. Application for execution was filed. Initially petitioners No.2 and 3 appeared before the learned 3 Executing Court, but later on they failed to appear and execution proceeding is pending since 24.09.2019. 4. I have perused the award passed by the learned Tribunal and the order sheets of learned Executing Court, therefore, I do not find any good ground to interfere with the execution proceedings. 5. Accordingly, the petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge vatti