1 2025:CGHC:6552 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 25 of 2025 1 - Shriram General Insurance Company Limited Head Office, E-8 Riicoi, Industrial Area, Sitapura, Jaipur (Rajasthan) Through - Regional Manager Having Regional Office At Plot No.1, 4th Floor, Maruti Heights, Besides Sky Auto Maruti Dealer, Mahoba Bazar, Besides R.K.Mall, G.E. Road Raipur, District Raipur (C.G.) ... Petitioner(s) versus 1 - Smt. Swati Sharma W/o Late Devanand Sharma Aged About 23 Years D/o Umashankar Tripathi, R/o 1291, Shashwat Nagar, Boriya Khurd, Raipur, District Raipur (C.G.) 2 - Smt. Ushadevi Sharma W/o Late Ravi Shankar Sharma Aged About 52 Years R/o Lal Bahadur, Shastri Ward, Patpar Bhatapara, District Balodabazar (C.G.) Both Presently Residing At M.T. Pul Colony, Police Line Raipur, P.S. Kotwali, Raipur, District Raipur (C.G.) 3 - Thanu Prasad Yadu S/o Shri Heeralal Yadu Aged About 30 Years R/o Village Amakoni, Post Mopara, Simga, Tahsil Simga District Balodabazar (C.G.) - Owner ... Respondent(s) For Petitioner(s) : Shri PR Patankar, Advocate. Hon'ble Shri Deepak Kumar Tiwari, J Order On Board KRISHNA KUMAR BARVE Digitally signed by KRISHNA KUMAR BARVE Date: 2025.02.05 17:41:21 +0530 2 05/02/2025 : 1. At the outset, learned counsel for the petitioner submits that learned 8th Additional Motor Accident Claims Tribunal, Raipur in Claim Case No.633/2023 has entertained the claim petition though specific averment has been made in the petition that the deceased was driving the motorcycle bearing registration No.CG-22 V/8870 which he had taken from his owner namely Thanu Prasad Yadu, who is arrayed as non- applicant No.1 and the said motorcycle met with an accident with unknown vehicle and against unknown vehicle, a Khatma proceeding has been drawn on 22nd December, 2022 vide Crime No.480/2022, PS Akaltara. He further submits that in the matter of Ningamma and Another Vs. United India Insurance Company Limited1 it was observed that since the deceased has stepped into the shoes of the owner of the vehicle, the owner could not himself be a recipient of the compensation, as the liability to pay the same is on him. He submits that the present Revision may be disposed of with liberty to raise all such grounds along with other available grounds as are raised in this revision, as the issue concerning delay is subjudice before the Hon’ble Supreme Court, by filing a fresh application before the concerned Tribunal under Order 7 Rule 11 of the CPC. 2. Accordingly, the present Civil Revision is disposed of with liberty aforesaid. It is made clear that on such application being made, the same shall be decided by the concerned Tribunal in the light of observations made by the Hon’ble Supreme Court in the matter of Ningamma and 1 (2009) 13 SCC 710 3 Another(Supra). It is also made clear that the Tribunal shall consider the aforesaid issue and pass appropriate orders in accordance with law. Sd/- (Deepak Kumar Tiwari) Judge Barve