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2025 DAILYLAW 9065 (CHH)

THE NATIONAL INSURANCE CO. LTD. v. PANCHRAM

WP227/163/2025 · 2025-02-20

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:8807 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 163 of 2025 The National Insurance Co. Ltd. Shop No. 13, Minu Complex Kosabadi, Korba (C.G.), Through Its Divisional Manager, T.P. Hub, Raipur Regional Office, 2nd Floor, Mobin Mahal, G. E. Road, Raipur (C.G.) ... Petitioner(s) versus 1. Panchram S/o Late Bodhram Aged About 47 Years Salhibatha Ps Urga, Tahsil- Kartala Distt. Korba (C.G.) 2. Sanjay Singh S/o Ramprasad Aged About 37 Years Katainar Kushmunda Po Bankimongra, Korba, Distt. Korba (C.G.) 3. Bhawani Shanker Agrawal Vyapar Vihar, Bilaspur, Tahsil And District Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. Akash Shrivastava, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 20/02/2025 1) Learned counsel appearing for the petitioner/ Insurance Company submits that claimant, namely, Panchram has filed a claim case U/s 166 of the Motor Vehicle Act on account of injuries sustained in an accident on 21.10.2015 and he has claimed compensation to the tune of Rs. 21,50,000/-. He further submits that Insurance Company took a plea that the driver of the offending vehicle was not having a valid Driving License. He contends that the case was set for evidence of the Digitally signed by AJINKYA PANSARE Date: 2025.02.21 11:45:14 +0530 2 Regional Transport Officer and application under Order 17 Rule 1 of CPC was moved on 14.01.2025 but same has been rejected by learned Tribunal on the ground that sufficient time has already been provided and closed the right of Insurance Company to lead evidence. He further contends that another reason assigned by the Tribunal is that petitioner/ Insurance Company also failed to deposit the conveyance cost. He prays to grant one more opportunity to the petitioner to lead evidence and to deposit the amount. 2) I have heard learned counsel for the parties and perused the material available on record. 3) Taking into consideration the fact that right of petitioner/ Insurance Company to lead evidence has been closed, therefore in the interest of justice, one opportunity is granted to lead evidence, subject to payment of cost of Rs. 10,000/- payable to claimant. It is also directed that on the next date of hearing, petitioner/ Insurance Company shall pay the cost and remain present along with its witness, failing which, its right to lead evidence shall be closed. 4) It is expected that the learned Tribunal shall decide the case after recording the evidence if adduced by the Insurance Company. 5) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya