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2025 DAILYLAW 979 (CHH)

THE NEW INDIA ASSURANCE CO. LTD., v. SMT. SEEMA DEVI

MCC/95/2025 · 2026-09-01

Shri Sanjay Kumar Jaiswal

body2025

Judgment text

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1 CGHC010455562024 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 95 of 2025 The New India Assurance Co. Ltd., Through The Divisional Manager, Division Office, Madina Manzil, Jail Road, Thana, Tahsil And District Raipur Chhattisgarh.....Non Applicant No. 5/ Insurance Co. For Trillor No. O.R.15 L4349 , Chhattisgarh. ... Appellant versus 1 - Smt. Seema Devi W/o Late Prabhu Nath Singh Aged About 31 Years R/o Village Sisai, P. O. Sakiabaad, Thana Baikunthpur, District- Gopalganj Bihar, Bihar 2 - Ku. Neetu, D/o Late Prabhunath Singh, Aged About 17 Years Minor, Through Natural Guardian Mother Seema Devi, W/o Late Prabhunath Singh, R/o Village Sisai, P. O. Sakiabaad, Thana Baikunthpur, District Gopalganj Bihar, District - Gopalganj, Bihar . 3 - Sonu Kumar, S/o Late Prabhunath Singh, Aged About 12 Years Minor, Through Natural Guardian Mother Seema Devi, W/o Late Prabhunath Singh, R/o Village Sisai, P. O. Sakiabaad, Thana Baikunthpur, District Gopalganj Bihar, District- Gopalganj, Bihar 4 - Ankit Kumar, S/o Late Prabhunath Singh Aged About 9 Years Minor, Through Natural Guardian Mother Seema Devi, W/o Late Prabhunath Singh, R/o Village Sisai, P. O. Sakiabaad, Thana Baikunthpur, District Gopalganj Bihar, District - Gopalganj, Bihar 5 - Ku. Nitam, D/o Late Prabhunath Singh, Aged About 8 Years Minor, Through Natural Guardian Mother Seema Devi, W/o Late Prabhunath Singh, SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.09.03 11:12:34 +0530 2 R/o Village Sisai, P. O. Sakiabaad, Thana Baikunthpur, District Gopalganj Bihar......Claimants , District - Gopalganj, Bihar ... Respondents For Applicant : Mr. NK Malviya, Advocate (Hon'ble Shri Justice Sanjay Kumar Jaiswal) Order On Board 02/09/2026 1. Heard on application dated 12.02.2025 for condonation of delay in filing the instant MCC barred by 205 days. 2. For the reasons stated in the application, the same is allowed and the delay of 205 days in filing the MCC is condoned subject to payment of cost of Rs. 5,000/- [Rupees Five Thousand Only] by cheque in favour of any of the claimants within a period of 30 days from today before the concerned Claims Tribunal. 3. Heard on admission. 4. Admit. 5. Vide order dated 18.04.2024 of this Court passed in MAC No.756/2016, peremptory order was passed to remove the default. As the default was not removed within the stipulated time, the appeal was dismissed without further reference to the Bench. 6. Considering that the appeal has been pending since 2016, and further taking into consideration the submissions and cause shown in the application, I am inclined to restore MAC No. 756/2016 to its original file, subject to payment of cost of Rs. 5,000/- [Rupees Five Thousand Only] by cheque in favour of any of the claimants within a period of 30 days from today before the concerned Claims Tribunal. 7. Prayer for restoration of the appeal is allowed and MAC No. 756/2016 is restored to its original number. 8. Accordingly, the MCC is disposed of. Sd/- (Sanjay Kumar Jaiswal) JUDGE -Shubham