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2026 DAILYLAW 18897 (CHH)

HEERAMAN LAL SAHU v. SUNIL BAGHEL

MAC/1302/2018 · 2026-05-13

Shri Sanjay Kumar Jaiswal

body2026

Judgment text

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1 2026:CGHC:22976 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1302 of 2018 1 - Heeraman Lal Sahu S/o Hincharam Sahu Aged About 30 Years R/o Village Padkibhata, Police Station Gurur, District Balod, Chhattisgarh, District : Balod, Chhattisgarh. 2 - Surita Bai Sahu W/o Heeraman Lal Sahu Aged About 25 Years R/o Village Padkibhata, Police Station Gurur, District Balod, Chhattisgarh, District : Balod, Chhattisgarh ... Appellants versus 1 - Sunil Baghel S/o Tiharuram Baghel Aged About 24 Years R/o 132/b, Rishali Sector, Bhilai, Police Station Sector 6, Bhilai, Tehsil And District Durg, Chhattisgarh (Non Applicant No. 1). 2 - Tiharuram Baghel S/o Late Namedas Baghel Aged About 61 Years R/o 132/b Rishali Sector Bhilai, Police Station Sector 6, Bhilai, Tehsil And District Durg, Chhattisgarh (Owner of The Vehicle) Permanent R/o Village Padkibhata, Police Station Gurur, District Balod, Chhattisgarh (Owner of Vehicle Maruti Car No. CG 07 Zd 0623), District : Durg, Chhattisgarh ... Respondents For the appellants Mr. Adarsh Patel & Mr.Gagan Tiwari, Advocates For respondents 1 & 2 Mr. Rishikant Mahobia, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Boa rd 14/05 /2026 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the claimants challenging the award dated 30th June 2018 passed in Claim Case No 165 of 2017 whereby the learned III Additional Motor Accident Claims Tribunal, Durg rejected the claim of the ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.05.15 18:09:33 +0530 2 appellants on the ground that the said Tribunal lacks jurisdiction. 2. Heard on admission. 3. The Tribunal in its award dated June 30, 2018, rejected the claim petition on the ground of territorial jurisdiction, holding that proper jurisdiction lies with the Balod Tribunal. The tribunal observed that the accident occurred within the limits of the Gurur Police Station, which falls under the Balod District; however, the claim petition was filed in the Durg District. The Appellant contends that they impleaded the driver as a party/respondent and consequently filed the claim petition in the Durg based on the address shown in the driver's license. However, no such license has been placed on record. 4. At this stage learned counsel for the petitioner prays for withdrawal of this apepal with liberty to file a fresh claim petition before the appropriate Tribunal having jurisdiction. 5. Considering the fact that the accident occurred way back in the year 2017 and in order to ensure that no prejudice or loss is caused to the claimants and further to achieve the object of Motor Vehciles Act, the request of learned counsel for the appellants is accepted and they are permitted to withdraw the appeal with liberty to file claim petition before appropriate Tribunal having jurisdiction. 6. It is made clear that the impugned award dated 30.6.2018 passed by the Claims Tribunal, Durg will have no bearing on fresh litigation. With the above observation/direction, this appeal stands disposed off. Sd/- Sanjay Kumar Jaiswal Judge Rao