Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33748
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1716 of 2018 1 - Rakesh Gupta S/o Prakash Gupta Aged About 40 Years R/o- Near Chandi Mandir, Kargi Raod, Kota, Tahsil And Police Station- Kota, District- Bilaspur, Chhattisgarh. (Owner Of Tractor No. C.G.10- B-8770), District : Bilaspur, Chhattisgarh
... Appellant versus 1 - Ramkumar Munda S/o Shri Jawahar Lal Aged About 45 Years R/o- Village Bakighar, Post- Amali, Police Station- Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Smt. Saraswati W/o Shri Ramkumar Aged About 40 Years R/o- Village Bakighar, Post- Amali, Police Station- Kota, District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Kumari Durga D/o Shri Ramkumar Aged About 14 Years Minor Represented Through Father Ramkumar Munda, R/o- Village Bakighar, Post- Amali, Police Station- Kota, District-
Bilaspur,
Chhattisgarh.,
District
:
Bilaspur,
Chhattisgarh 4 - The New India Insurance Company Limited Old Bus Stand Road, In Front Of Rajeev Plaza, Bilaspur, Tahsil And District- Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Ramkumar Binjhwar S/o Shri Manharan Lal Binjhwar Aged About 23 Years R/o- Bakighat, Police Station- Kota, District- Bilaspur, Chhattisgarh. (Driver Of Tractor No. C.G.10-B-8770), District : Bilaspur, Chhattisgarh
... Respondents Digitally signed by GOPAL SINGH Date: 2025.07.19 17:31:45 +0530
2 For Appellant : Ms. Pranoti Das, Advocate on behalf of Shri Goutam Khetrapal, Advocate For Respondent No.4 : Ms. Swati Agrawal, Advocate on behalf of Shri Pankaj Agrawal, Advocate Hon’ble Shri Justice Amitendra Kishore Prasad
Order on Board 17/07/2025
1. This is an appeal against the order dated 14.9.2018 passed in Claim Case No.30 of 2018 by 7th Additional Motor Accidents Claims Tribunal, Bilaspur.
2. The unfortunate claimants are waiting for compensation since last seven years.
3. The owner has filed this appeal against disposal of application under Section 140 of the Motor Vehicles Act, which is in fact interim in nature by which as an interim measure the owner was directed to pay Rs.50,000 which has been challenged in this appeal and vide order dated 30.10.2018 this Court stayed the operation of the impugned order dated 14.9.2018 till further orders.
4. Record of the Claims Tribunal was also called for and as such before the Claims Tribunal the claim case could not be proceeded further and since last more than six years the claim case is pending in idle condition, which is very unfortunate. It seems that due to inadvertent mistake the record was called, which was not pointed out by the concerned appellant.
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5. Considering the aforesaid aspect of the matter, while continuing the stay order dated 30.10.2018, this appeal is being disposed of with a direction to the concerned Tribunal, i.e., 7th Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No.30 of 2018 to initiate further proceedings in respect of aforesaid claim case expeditiously.
6. Record of the claim case is being returned to the concerned Tribunal with an expectation that the claim case would be decided as soon as possible because since 2018 the proceedings of the claim case is stayed. The order dated 30.10.2018 staying the operation of the impugned order dated 14.9.2018 shall continue till final decision of the claim case.
7. The concerned Tribunal is further directed to send notice to the claimants by ordinary and registered modes as perhaps they are not aware of the proceedings since last six years.
8. With the aforesaid observations and directions, the appeal is
disposed of.
9. Record of the Claims Tribunal be sent back forthwith. Sd/-
(Amitendra Kishore Prasad)
JUDGE Gopal Singh