1 2026:CGHC:19750 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1311 of 2016 1 - Raja @ Dhalendra Kumar Swarnkar, Aged About 22 Years, R/o- Qtr. No. M.D. 421, Dipka Colony, Korba, Post- Gevra Project, Civil And Revenue District- Korba, Chhattisgarh. ... Appellant versus 1 - Virishiya Bai W/o Late Ramnath, Aged About 28 Years R/o- Village- Nonbira, Police Station- Kartala, Civil And Revenue District- Korba, Chhattisgarh. 2 - Rudrasen, S/o Late Ramnath, Aged About 10 Years Minor, Through Their Natural Guardian And Mother Smt. Virishiya Bai, R/o- Village- Nonbira, Police Station- Kartala, Civil And Revenue District- Korba, Chhattisgarh. 3 - Indrasen, S/o Late Ramnath, Aged About 8 Years Minor, Through Their Natural Guardian And Mother Smt. Virishiya Bai, R/o- Village- Nonbira, Police Station- Kartala, Civil And Revenue District- Korba, Chhattisgarh. 4 - Devmati, W/o Late Mahettar, Aged About 60 Years, R/o- Village- Nonbira, Police Station- Kartala, Civil And Revenue District- Korba, Chhattisgarh. 5 - Sheikh Imram, S/o Mohd. Gaffar, R/o- Post- Rajgamar, Civil And Revenue District- Korba, Chhattisgarh., District : Korba, Chhattisgarh. 6 - National Insurance Company Limited, Through Branch Office - National Insurance Company, 13 Minu Complex Kosabadi, Korba, Civil And Revenue District- Korba, Chhattisgarh. ... Respondents For Appellant : Mr. Kalpesh Ruparel, Advocate. Respondents No. 1 to 4 : Ms. Shalinee Jangde appears on behalf of Mr. A.L. Singroul, Advocate. Respondent No. 6 : Mr. B.N. Nande, Advocate. SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.04.29 15:25:25 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board 29/04/2026 1. Vide order dated 21.07.2025, notice was issued to respondent no. 5 which has returned unserved with a report that respondent No. 5, Sheikh Imran, refused to accept the notice stating that his father's name is Mohd. Gaffur whereas in the said notice father's name is mentioned as Mohd. Gaffar. 2. On perusal of the record of the Tribunal, it appears that the name of Sheikh Imran's father is recorded as Md. Gaffar everywhere. In Ex/P-5, Particulars of Registration, produced by the claimants during evidence, the father's name of Sheikh Imran is also mentioned as Md. Gaffar. In such circumstances, the notice to respondent No. 5 is deemed to have been duly served. 3. No one appeared on behalf of Respondent No. 5, though notice has been served. 4. Heard on I.A. No. 01/2016, an application for condonation of delay in filing the instant appeal. 5. Learned counsel appearing on behalf of the appellant submits that the application is supported by the affidavit of the appellant and there is a delay of 297 days in filing of the instant appeal because the appellant received several grievous injuries on his body due to which he got operated and did not able to walk, therefore, he is not able to file the appeal before this Court 3 within the stipulated time, therefore, the aforesaid delay may be condoned in the interest of justice. 6. Learned counsel appearing on behalf of respondents No. 6 opposes the submissions made by learned counsel for the appellant and submits that the appellant had not suffered any grievous injuries and the reasons stated by the counsel for the appellant are not sufficient, therefore, the application is liable to be dismissed. 7. The claim for compensation in respect of injury filed by the appellant had been dismissed by the Tribunal. The incident is stated to have occurred on 26.01.2011. The award was passed by the Tribunal on 13.08.2015 and this appeal has been filed on 20.09.2016. Thus looking to the facts and circumstances of the case, it cannot be assumed that the appellant continued to undergo treatment for 5½ years, or was unable to walk/move due to an operation as no medical documents have been produced in this regard and was therefore unable to file an appeal before the Court, does not appear to be natural or probable. In such circumstances, the reasons are not appeared to be sufficient. 8. Accordingly, I.A. No. 01/2016 is dismissed. Consequently, the appeal is also dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge Sourabh P.