2025:CGHC:15981 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 1044 of 2025 Oriental Insurance Company Limited, Through Its Divisional Manager Divisional Office-1 Oriental Insurance Company Limited Jail Road Raipur, District- Raipur (C.G.) Insurance Of Truck No. Ka- 22-A- 7288) ---- Applicant Versus 1 - Sukhram S/o Shri Panku Singh Dhurve Aged About 40 Years Permanent Address R/o Village Devhara, House No. 23, Bamhani, Tehsil Ghughri, District - Mandla Present Address Pavanraj Dharvaiya, Krishna Chowk Lalpur, Police Station Tikrapara, Raipur, District - Raipur (C.G.) 2 - Siyawati W/o Shri Sukhram Dhurve Aged About 38 Years Permanent Address R/o Village Devhara, House No. 23, Bamhani, Tehsil Ghughri, District - Mandla Present Address Pavanraj Dharvaiya, Krishna Chowk Lalpur, Police Station Tikrapara, Raipur, District - Raipur (C.G.) 3 - Shailbam S/o Tangebal Permanent Address Norapur, Police Station Perambo, District- Perambo (Tamil Nadu) Present Address Through Deep Ravichandran @ T.P. Ramchandran S/o Parime Swami Manager C.K.R. Borewells Simga Post And P.S. Simga District - Balodabazar (C.G.) (Driver Of Truck No. Ka -22-A- 7288) 4 – M. Murugeshan Through Deep Ravichandran @ T.P. Ramchandran S/o Parime Swami Manager C.K.R. Borewells Simga Post And P.S. Simga District - Balodabazar (C.G.) (Owner Of Truck No. Ka -22-A- 7288) --- Non-Applicants For Applicant : Shri Hanuman Prasad Agrawal, Advocate. For Nonapplicant Nos. 1 & 2 : Shri Rakesh Kumar Thakur, Advocate. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 20/11/2025 1. This MCC has been filed to recall the order dated 28/08/2025 passed in M.A.C. No. 2095 0f 2019. 2. Learned cousnel for the applicant submits that an award dated 16/10/2018 was passed by the VIII Additional Motor Accident Claims Tribunal, Raipur, ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.11.24 17:51:26 +0530 -2- District – Raipur (C.G.) in M.A.C.C. No. 152/2016. By the impugned award, the learned MACT has awarded compensation of Rs. 09,37,200/- on account of death of one Deepak Dhurwey in an accident that occurred on 18/04/2015 by rash and negligent driving of the offending vehicle Truck bearing registration No. KA-22/A-7288 and the truck was driven by non- apllicant No. 3 / driver, owned by non-applicant No.4/Owner and was Insured with the applicant. He further submits that being aggreived by the said award, the claimaints i.e. non-applicant Nos.1 and 2 herein, filed an appeal in MAC No. 2095/2019 and the Insurance Company i.e. applicant herein, also filed an appeal in MAC No. 607/2019. In fitness of thing, both the appeals ought to have been heard and decided analogously. He further submits that Shri B.Gopa Kumar, Advocate had filed Vakalatnama on behalf of insurance Company in MAC No.2095/2019. Thereafter, Shri B.Gopa Kumar, Advocate returned the files to the Insurance Company and Shri Hanuman Prasad Agrawal, Advocate filed Vakalatnama in MAC No. 2095/2019 much prior 16/07/2025. MAC No. 2095/2019 came up for heaing before this Court on 28/08/2025 but as the name of Shri Hanuman Prasad Agrawal, Advocate could not be published in the cause list, he could not appear at the time of hearing and intimate that another appeal MAC No. 607/2019 is filed by the Insurance company is pending. He submits that as the appellant has assailled the impugned award in separate appeals alleging breach of Policy, the finding recorded by this Court in MAC No. 2095/2019 is Jeopardize on account of pendency of the other appeal. Therefore, this order may be recalled. 3. Learned counsel for the non-applicants submits that respondent No.3 was represented at the time of hearing of MAC No. 2095/2019 and as such no -3- information was given by the learned counsel with regard to pendency of any other appeal by the Insurance Company. He further submits that the respondent No. 1 & 2 / claimaints have not received the notice of that appeal. Even otherwise in the event the appeal filed by the Insurance Company is allowed, the Insurance Company may pray for order of pay and recover. Therefore, there is no necessity to recall the order dated 28/08/2025 passed in MAC No. 2095/2019. 4. Heard learned counsel for the parties and perused the record. 5. It is not in dispute that against the award dated 16/10/2018 claimaints as- well-as Insurance Company had filed the appeals. In fitness of thing both the appeals ought to have been heard together but order was issued in MAC No. 2095/2019 indicates that non-applicant No.3 was represented by the Counsel it is not brought to the notice of this Court by any of the counsel but as to whether any appeal was filed by the Insurance Company. Shri Hanuman Prasad Agrawal, Advocate submitted that the challenge in this appeal by the Insurance Company is on account of breach of the Policy. This Court vide its order dated 28/08/2025 has only enhanced amount by Rs.80,000/-. Even if the appeal filed by the Insurance Company is allowed by this Court. The Insurance Company would have all the right to make a prayer for pay and recover. Therefore, this Court does not find any good ground to recall the order dated 28-08-2025. 6. Consequently, this MCC is dismissed. -Sd/- (Sachin Singh Rajput) Judge Ashish