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2025 DAILYLAW 45355 (CHH)

DURGESH NANDANI GUPTA v. VITTHAL YADAV

MCC/1163/2024 · 2025-06-09

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 2025:CGHC:22947 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1163 of 2024 1 - Durgesh Nandani Gupta Wd/o Late Vijay Kumar Gupta Aged About 34 Years R/o Village Imlibhantha, Bandhwapara, Police Station Sarkanda, District Bilaspur Chhattisgarh 2 - Harsh @ Chintu S/o Late Vijay Kumar Gupta Aged About 16 Years Minor, Through Their Natural Guardian Mother I.E. The Appellant No. 1, R/o Village Imlibhantha, Bandhwapara, Police Station Sarkanda, District Bilaspur Chhattisgarh 3 - Karan Gupta S/o Late Vijay Kumar Gupta Aged About 14 Years Minor, Through Their Natural Guardian Mother I.E. The Appellant No. 1, R/o Village Imlibhantha, Bandhwapara, Police Station Sarkanda, District Bilaspur Chhattisgarh 4 - Ramkumar Gupta S/o Late Jivrakhan Lal Gupta Aged About 77 Years R/o Village Imlibhantha, Bandhwapara, Police Station Sarkanda, District Bilaspur Chhattisgarh 5 - Sandhya Devi W/o Shri Ramkumar Gupta Aged About 72 Years R/o Village Imlibhantha, Bandhwapara, Police Station Sarkanda, District Bilaspur Chhattisgarh ... Applicants versus 1 - Vitthal Yadav S/o Shri Santosh Yadav Aged About 27 Years R/o Bandhwapara, Sarkanda, District Bilaspur Chhattisgarh (Driver Of Bus No. CG/11/ZB/0471) RAVI SHANKAR MANDAVI Digitally signed by RAVI SHANKAR MANDAVI Date: 2025.06.11 18:12:01 +0530 2 2 - Abhilash Manikpuri S/o Shri Suresh Manikpur R/o Village Sukulkari, Tahsil Masturi, District Bilaspur Chhattisgarh (Owner Of Bus No. CG/11/ZB/0471) 3 - National Insurance Company Limited Through The Divisional Manager, Vyapar Vihar Road, Bilaspur, Tahsil And District Bilaspur Chhattisgarh (Insurer Of Bus No. CG/11/ZB/0471) ... Respondent(s) (Cause title is taken from Case Information System) For Applicants :Mr. Pravesh Sahu, Advocate For Respondent No.3/Insurance Company :Mr. Dashrath Gupta, Advocate For Respondent No.1 & 2 : None (Hon’ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 10/06/2025 1. Heard on I.A. No.01/2024, which is an application for condonation of delay in filing the instant MCC. 2. Learned counsel for the applicants submits that the applicants/claimants are illiterate persons and are resident of remote village, therefore, delay occurred in filing the instant MCC application be condoned. 3. On due consideration, I.A. No.01/2024 application for condonation of delay in filing instant MCC is allowed and accordingly, delay in filing of the MCC is condoned. 3 4. Further, the learned counsel for applicant/claimant prayed that applicants/claimants are not aware of judicial procedure, therefore, MAC No.20/2017 be restored to its original numbers, as the same was dismissed vide Registry note dated 04.04.2017 in pursuance of peremptory order dated 17.02.2017. 5. Learned counsel for the respondent No.3/Insurance Company opposed the arguments advanced by the learned counsel for the applicants/claimants. 6. I have heard learned counsel for the parties and also perused the material available on record. 7. Having considered the facts of the case that the matter relates to compensation pertaining to motor accident & applicants are illiterate persons of remote village and also considering the grounds mentioned in restoration application, in the interest of justice, MCC No. 1163/2024 filed for restoration of MAC No.20/2017 (Durgesh Nandani Gupta & Others vs. Vitthal Yadav & Others) is allowed. 8. Accordingly, the Registry is directed to restore MAC No.20/2017 in its original number. Sd/- (Naresh Kumar Chandravanshi) Judge Ravi Mandavi