BRANCH MANAGER-CHOLAMANDALAM GENERAL INSURANCE COMPY LIMITED v. MANORMA BAI DHRUW
MCC/716/2025 · 2026-04-07
Shri Sanjay Kumar Jaiswal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 311 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 311 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 716 of 2025 Branch Manager-Cholamandalam General Insurance Company Limited Office At Second Floor Simran Tower Near L.I.C. Office Pandri Raipur District Raipur Chhattisgarh
... Petitioner(s) versus 1 - Manorma Bai Dhruw W/o Late Heero Heeralal Dhruw Aged About 49 Years R/o Manohara P.S.Hathband Tehsil - Simga District - Balodabazar Bhatapara Chhattisgarh 2 - Sajan Dhruw R/o Manohara P.S. Hathband Tehsil Simga District Balodabazar Bhatapara Chhattisgarh 3 - Pooja Dhruw R/o Manohara P.S. Hathband Tehsil Simga District Balodabazar Bhatapara Chhattisgarh (Wrongly) Mentioned Twice In Impugned Order) 4 - Heera Singh R/o Manohara P.S. Hathband Tehsil Simga District Balodabazar Bhatapara Chhattisgarh 5 - Vikash Kumar Vishwakarma S/o Shri Manharan Vishwakarma Aged About 22 Years R/o Champa (Wrongly Mentioned As Chanpa In Impugned Order) P.S. Tilda Nevra District Raipur Chhattisgarh 6 - Mahesh Kumar Vishwakarma R/o Champa (Wrongly Mentioned As Chanpa In Impugned Order) P.S. Tilda Nevra District Raipur Chhattisgarh
... Respondent(s) For Applicant : None For Respondents : None BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.04.10 10:35:54 +0530
2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 08/04/2026
1. This is an office reference registered as MCC based on the letter dated 11.06.2025 received from the Additional Motor Accident Claims Tribunal, Bhatapar, District Balodabazar (CG) in respect of the order dated 03.04.2025 passed by this Court in CR No.83/2025. 2. The facts necessary for disposal of the present MCC are that a claim application was filed before the Tribunal by respondents No.1 to 4 claiming compensation for the death of deceased Heero Heeralal Dhruw in a road accident. As the application was filed beyond the statutory six-month period, it was accompanied by an application under Section 5 of the Limitation Act for condonation of delay. The Tribunal subsequently allowed the condonation of delay application but rejected the application filed by the applicant/Insurance Company under Order VII Rule 11 of CPC vide order dated 24.02.2025. Aggrieved by this, the Insurance Company preferred a civil revision (CR No. 83/2025) before this Court. On 03.04.2025, this Court disposed of the civil revision with a direction that, as the issue is currently pending before the Supreme Court, the Tribunal shall not pass a final award in the claim application until the matter is conclusively decided by the Apex Court.
The operative portion of the order dated 03.04.2025 reads as follows:
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9. Since the issue regarding delay in filing the Claim application under Section 166 (3) of the Motor Vehicles Act and the mandatory requirement of submission of DAR before the Claims Tribunal by the Police has been raised before the Supreme Court which is pending adjudication, the present Revision is disposed of directing the Claims Tribunal not to pass final award in the Claim application pending before it till the aforesaid issues are decided conclusively by the Supreme Court. 10. The Tribunal is also directed to reconsider the application and pass a fresh order after adjudication of the issue, which is pending before the Hon’ble Supreme Court. 3. This MCC, registered as an Office Reference, was initiated following information that the Tribunal had finally decided the claim application on 06.05.2025, despite this Court’s direction not to pass the final award. Consequently, this Court sought an explanation on
21.07.2025. In response, the concerned Tribunal submitted a letter dated 11.06.2025, clarifying that this Court’s order dated 03.04.2025 was only received by the Tribunal on 09.06.2025, after the final award had already been passed on 06.05.2025. 4. It appears that the order passed by this Court reached the Tribunal after a significant delay. Consequently, the Tribunal had already decided the matter prior to receiving this Court's directions. Furthermore, it is evident from the letter of the Tribunal that none of the parties in the claim case brought the order of this Court dated 03.04.2025 to the notice of the Tribunal. Moreover, as per the order sheet of this Court dated 16.09.2025, MAC No.2020/2025 has been filed against the final award passed by the Tribunal on 06.05.2025. 4
5. Under these circumstances, this Court finds no error or negligence on the part of the Tribunal in passing the final award. As such, further proceeding in this matter is unnecessary and does not appear to be appropriate. The present MCC is accordingly closed. Sd/- (Sanjay Kumar Jaiswal) JUDGE
Khatai