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2026 DAILYLAW 24890 (CHH)

SMT. DILESHWARI SAHU v. ANOOP YADAV

MCC/599/2026 · 2026-07-02

Shri Sachin Singh Rajput

body2026

Judgment text

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1 CGHC010208622026 2026:CGHC:27476 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 599 of 2026 1 - Smt. Dileshwari Sahu W/o. Late Dinesh Kumar Sahu, Aged About 40 Years (Wife Of The Deceased) R/o. Near Kali Mandir, Kududand, P. S. Civil Lines, District - Bilaspur (C.G.) 2 - Ku. Nidhi Sahu, D/o. Late Dinesh Kumar Sahu, Aged About 19 Years (Daughter Of The Deceased) R/o. Near Kali Mandir, Kududand, P. S. Civil Lines, District - Bilaspur (C.G.) 3 - Ku. Sakshi Sahu, D/o. Late Dinesh Kumar Sahu, Aged About 16 Years (Daughter Of The Deceased) (Minors Are Being Duly Represented By Their Natural Guardian I. E. Their Mother Applicant No. 1- Smt. Dileshwari Sahu) R/o. Near Kali Mandir, Kududand, P. S. Civil Lines, District - Bilaspur (C.G.) 4 - Shaurya Sahu, S/o. Late Dinesh Kumar Sahu, Aged About 9 Years (Son Of The Deceased) (Minors Are Being Duly Represented By Their Natural Guardian I. E. Their Mother Applicant No. 1- Smt. Dileshwari Sahu) R/o. Near Kali Mandir, Kududand, P. S. Civil Lines, District - Bilaspur (C.G.) ... Appellant(s) versus 1 - Anoop Yadav S/o. Kartikram Yadav, Aged About 38 Years R/o. Village - Ameri, Ward No. 07, Satnaam Nagar, P. S. Sakri, Tehsil And District - Bilaspur (C.G.) (Owner And Driver Of Motor Cycle C G 10 A M 6474) 2 - Shri Ram General Insurance Company Limited, Through - Branch Manager, 2 Branch Officer- S-8, S-9, II Nd Floor, C.G. Plaza, Agrasen Chowk, Near Telephone Exchange, Bilaspur, P. S. Civil Lines, Tehsil And District - Bilaspur (C.G.) Policy No. 16010031190100007996 (Insurance Company) ... Respondent(s) For Applicant (s) : Shri MPS Bhatia, Advocate For Respondent No.2 : Shri Saurabh Gupta, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 03/07/2026 The default pointed out by the Registry is ignored. This MCC has been filed seeking restoration of MAC No.351/24 which was dismissed for non-compliance of peremptory order dated 01/04/2026 passed by this Court. This MCC has been filed along with an application for condonation of delay. 2. On due consideration, I.A.No.1/2026, application for condonation of delay is hereby allowed. Delay in filing MCC is hereby condoned. 3. Learned counsel for the applicant submits that two MACs bearing MAC No.351/2024 and MAC No.328/2024 was heard together before this Court on 01/04/2026. As respondent No.1 passed away in MAC No.351/2024 and the same was party in MAC No.328/2024, this Court directed that appropriate applications may be moved within a period of 10 days failing which the appeal shall stand dismissed without reference to the Bench. In MAC No.351/2024 filed by the claimants, an application had already been filed for deletion of respondent No.1, thus, the MAC could not have been dismissed for non-compliance of order dated 01/04/2026. Thus, he prays that MAC No.351/2024 may be restored to its original number. 4. Not opposed by the other party. 5. Accordingly, the MCC is allowed. MAC No.351/2024 is restored to its original number. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2026.07.06 14:30:38 +0530