1 2025:CGHC:42800 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 868 of 2025 1 - Bharti Axa General Insurance Company Ltd., Through Authorized Signatory Sajit Ku. Ray, Aged About 27 Years R/o Ii Floor, Jeet Towers Ge Road, P.S. Azad Chowk District Raipur Chhattisgarh Presently At 5th Floor, Skypark Opp. Banthia Nursing Home Raja Talab Raipur - 492001 ... Appellant(s) versus 1 - Smt. Geeta Bai W/o Lt. Ram Avtar Sahu Aged About 27 Years R/o Puna Ram Sahus House, Rajendra Nagar, Urla, District - Raipur, Chhattisgarh (Claimant), 2 - Lokesh Sahu S/o Lt. Ram Avtar Sahu Aged About 9 Years Is Minor Through Is Natural Gaurdian His Mother (Repondent No. 1 R/o Puna Ram Sahus House Rajendra Nagar, Urla District - Raipur (C.G.) (Claimant) 3 - Yogesh Sahu S/o Lt. Ram Avtar Sahu Aged About 7 Years Is Minor Through Is Natural Gaurdian His Mother (Repondent No. 1 R/o Puna Ram Sahus House Rajendra Nagar, Urla District - Raipur (C.G.) (Claimant) 4 - Prahlad Sahu S/o Lt. Ram Avtar Sahu Aged About 4 Years Is Minor Through Is Natural Gaurdian His Mother (Repondent No. 1 R/o Puna Ram Sahus House Rajendra Nagar, Urla District - Raipur (C.G.) (Claimant) ABHIGYA SAXENA Digitally signed by ABHIGYA SAXENA 2 5 - Kunjilal Sahu S/o Shri Tijuram Sahu Aged About 50 Years R/o Puna Ram Sahus House Rajendra Nagar, Urla District - Raipur (C.G.) (Claimant) 6 - Prem Prakash Yadu S/o Anil Kumar Yadu Aged About 22 Years R/o Ward No. 9, Nandini Nagar, P.S. Nandini District - Durg (C.G.) (Non Applicant No. 1 ) 7 - Raju Lal Yadav S/o R/o Village Ahirwara P.S. Nandini District - Durg (C.G.) (Non Applicant No. 2 ) ... Respondent(s) For Petitioner(s) : Mr. Suraj Patel, Advocate For Respondent(s) : Mr. C. K. Sahu, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 22.08.2025 1. This Miscellaneous Civil Case (MCC) has been filed seeking restoration of the main appeal, bearing MAC No.540 of 2018, which was dismissed by this Court on 08.07.2025 for non- prosecution, as none had appeared when the matter was taken up. 2. Learned counsel for the applicant submits that the non- appearance was neither deliberate nor intentional and prays for restoration of the appeal in the interest of justice. 3. Learned counsel for the respondent is also present and does not seriously oppose the prayer. 3 4. Having considered the submissions and being satisfied with the explanation offered, this Court is of the view that sufficient cause has been shown for the non-appearance on the earlier date. Accordingly, the MCC is allowed. 5. The order dated 08.07.2025, dismissing the main petition for non- prosecution, is recalled. The main appeal, i.e., MAC No.540 of 2018 stands restored to its original number. Sd/- (Amitendra Kishore Prasad) Judge Saxena