THE ORIENTAL INSURANCE COMPANY LIMITED v. KHUMAN SINGH
MCC/1159/2025 · 2025-11-13
Shri Sachin Singh Rajput
body2025
DailyLaw.ai
[ 2025 DAILYLAW 49406 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 49406 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:55655
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1159 of 2025 1 - The Oriental Insurance Company Limited Branch Office, Raigarh Road, Patthalgoan, District Jashpur Chhattisgarh
... Applicant versus 1 - Khuman Singh S/o Ramashray Aged About 27 Years R/o Village Dhruwakari, Police Station
Matsrui,
District
Bilaspur
(C.G.) 2 - Vipin Kumar Tirkey S/o Late Barnavash Tirkey Aged About 37 Years R/o Village Remte Road,
Kunkuri,
District
Jashpur
Chhattisgarh 3 - Leyos Tirkey S/o Late Barnavash Tirkey Aged About 47 Years R/o Village Karamtoli, District Jashpur Chhattisgarh
... Respondent(s) For Applicant : Mr. Akash Shrivastava on behalf of Mr. R. N. Pusty, Advocate For Respondent(s) : Mr. Shashikumar Kushwaha on behalf of Mr. Rajendra Kumar Patel, Advocate
Hon'ble Shri Justice Sachin Singh Rajput
Order On Board 14.11.2025
1. This MCC has been filed seeking modification of the order dated 09.09.2025 passed in MAC No. 106/2020.
2.
Learned counsel for the petitioner submits that while partly allowing the appeal filed by the claimant, this Court awarded Rs. 25,000/– to make the HIFZURRAHMAN ANSARI Digitally signed by HIFZURRAHMAN ANSARI Date: 2025.11.14 17:53:10 +0530
2 compensation just. However, in paragraph No. 6 of the judgment, this Court
directed the applicant to deposit the additional sum of Rs. 25,000/– to the respondent/claimant and further directed that the entire amount of compensation, as awarded by the Claims Tribunal and enhanced by this Court, shall be borne by the applicant, with liberty to recover the same from the driver and owner. He submits that the offending vehicle involved in the accident, bearing registration No. OD-15-6825, was not insured; therefore, since no premium was paid, the impugned order requires modification.
3. Heard the learned counsel for the petitioner and perused the record.
4. The order was passed in open Court. The modification sought cannot be granted by this Court in exercise of power in this MCC. If the applicant was aggrieved by any finding or direction, it ought to have availed the remedy available under the law.
5. Consequently, the MCC fails and is hereby dismissed. Sd/- (Sachin Singh Rajput) Judge
H.Ansari