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2025 DAILYLAW 60084 (CHH)

MAGMA H.D.I. GENERAL INSURANCE COMPANY LIMITED v. SMT. SITA

MAC/2501/2025 · 2025-12-07

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:59497 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2501 of 2025 * - Magma H.D.I. General Insurance Company Limited Through- Its Legal Manager, Present Address - Office No. 501 And 512, 5th Floor, D.B. City Corporate Park, Block No. 9, Rajbandha Maidan, Raipur (C.G.) (Insurer) ... Appellant Versus 1 - Smt. Sita W/o Late Shri Singh Aged About 24 Years R/o Siriyakhoh, P.S. Podi, District - M.C.B. (C.G.) (Claimant) 2 - Versha Singh Ayam D/o Late Shri Singh Aged About 5 Years Minor Represented Through Mother Smt. Sita, Respondent No. 1, R/o Siriyakhoh, P.S. Podi, District - M.C.B. (C.G.) (Claimant) 3 - Ajay S/o Omprakash Aged About 24 Years R/o - Kothari, P.S. - Manendragarh, District - M.C.B. (C.G.) (Driver) 4 - Vikas Kumar Kewat S/o Late Narayan Prasad Kewat Aged About 24 Years R/o Village - Nawadih Sarbhoka, P.S. - Podi, District - M.C.B. (C.G.) (Owner) ... Respondents For Appellant : Mr. Sourabh Sharma, Advocate For Respondents : None Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 08/12/2025 1. Heard on I.A. No. 01/2025, application for condonation of delay in filing the instant appeal. 2. The appellant/Insurance Company has filed this appeal challenging the award passed by learned First Additional Motor Accident Claims Tribunal, Manendragarh, District Koria (C.G.) in Claim Case No. 20/2023 dated 14.02.2024, whereby the learned Claims Tribunal has Digitally signed by RAMESH KUMAR VATTI Date: 2025.12.09 11:29:25 +0530 2 granted compensation to the tune of Rs.11,40,000/- with interest @ 9% per annum on account of death of Shri Singh. 3. Mr. Sourabh Sharma, learned counsel appearing for the appellant/Insurance Company would submit that this appeal has been preferred by the Insurance Company with delay of 557 days and delay part has properly been explained. Mr. Sharma would further submit that MAC No. 555 of 2024 was preferred by the claimants for enhancement of compensation and same has partly been allowed vide judgment dated 06.11.2025, whereby the compensation has been enhanced from Rs.11,40,000/- to Rs.15,15,500/-. 4. I have heard Mr. Sourabh Sharma at length and perused the record. 5. There is delay of 557 days and same has not been properly explained by the Insurance Company. Further the appeal preferred by the claimants has already been decided vide judgment dated 06.11.2025 and at that point of time, the Insurance Company failed to inform that an appeal preferred by the Insurance Company is pending consideration. In MAC No. 555/2024, the Insurance Company has been directed to indemnify the award. 6. Taking into consideration the above-stated facts, I.A.No.01/2025 is hereby rejected and consequently, this appeal fails and is also hereby dismissed. Sd/- (Rakesh Mohan Pandey) JUDGE vatti