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2025 DAILYLAW 29754 (CHH)

RAMSAKAL RAVI v. SHIVNARAYAN SINGH

MAC/1574/2024 · 2025-09-24

Shri Rakesh Mohan Pandey

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Judgment text

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1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1574 of 2024  Ramsakal Ravi S/o Ramdin Ravi Aged About 51 Years R/o Village - Dhawalpur, Nan Semarpara, P.S. And Tehsil - Jhagrakhand, District - Koreya (C.G.) (Injured) (Claimant) ... Appellant(s) versus 1. Shivnarayan Singh S/o Chhatrapal Singh Aged About 25 Years R/o Village Kochka, P.S. And Tehsil - Khadgawa, Dist. - Koreya (C.G.) (Driver-Owner) 2. Regional Branch Manager National Insurance Co. Ltd. Taha Complex, Vyapar Vihar B-1, Priyadarshani Nagar, Bilaspur Dist. - Bilaspur (C.G.) (Insurance Co.) ... Respondent(s) For Appellant : Ms. Devanshi Chakraborty, Advocate on behalf of Mr. H.A.P.S. Bhatia, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order On Board 25-09-2025 1) Today, this case is listed for order(s) on defaults pointed out by Registry. 2) The Registry has pointed out a default : though the appeal has been filed with delay of 119 days, no application for condonation of delay has been submitted along with an affidavit. 3) In this appeal, appellant has challenged the award passed by learned Second Additional Motor Accident Claims Tribunal in Digitally signed by AJINKYA PANSARE Date: 2025.09.25 14:00:58 +0530 2 Claim Case No. 66 of 2021 dated 20.12.2023 whereby learned Tribunal has passed an award to the tune of Rs. 1,36,180/- in favor of appellant/ claimant on account of injuries sustained by him. 4) This appeal was preferred on 23.07.2024 and default was pointed by the Registry on 25.07.2024 but no steps were taken by the appellant to move application for condonation of delay and an affidavit in support of the same. On 09.08.2024, the matter was listed before this Court and three weeks’ time was granted to the counsel appearing therein for the appellant to cure the default, but to no avail. Today, this matter is listed before this Court for order(s) on defaults and counsel appearing for the appellant seeks time to cure the default. 5) Admittedly, there is delay of 119 days in filing the instant appeal and memo of appeal is not accompanied with application for condonation of delay and an affidavit in support of the same. 6) Taking into consideration the above-discussed facts, this appeal stands dismissed on the ground that appellant failed to move application for condonation of delay, particularly when the matter is pending since July, 2024. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a