1 CGHC010444302024 2026:CGHC:31993 HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2445 of 2024 1 - Devnarayan Armo S/o Shri Pramol Say Armo Aged About 50 Years Occupation - Agriculturist, R/o Ward No. 3, Dr. Shyama Prasad Mukherjee Ward, Ambikapur, Thana - Gandhinagar, Tahsil - Ambikapur, District - Surguja Chhattisgarh (Claimant). 2 - Satyanarayan Armo S/o Shri Devnarayan Armo Aged About 30 Years Occupation - Agriculturist, R/o Ward No. 3, Dr. Shyama Prasad Mukherjee Ward, Ambikapur, Thana - Gandhinagar, Tahsil - Ambikapur, District - Surguja Chhattisgarh (Claimant). 3 - Khelsay Singh S/o Shri Devnarayan Armo Aged About 28 Years Occupation - Agriculturist, R/o Ward No. 3, Dr. Shyama Prasad Mukherjee Ward, Ambikapur, Thana - Gandhinagar, Tahsil - Ambikapur, District - Surguja Chhattisgarh (Claimant). 4 - Ram Pratap Singh S/o Shri Devnarayan Armo Aged About 25 Years Occupation - Agriculturist, R/o Ward No. 3, Dr. Shyama Prasad Mukherjee Ward, Ambikapur, Thana - Gandhinagar, Tahsil - Ambikapur, District - Surguja Chhattisgarh (Claimant) … Appellants versus 1 - Tuleshwar Rajwade S/o Shri Amrit Lal Rajwade Aged About 20 Years R/o Village - Ganeshpur, Thana And Tahsil - Ramanujnagar, District - Surajpur Chhattisgarh (Driver and Owner of The Pickup Vehicle No. CG-29-Ad-2021). 2 - Branch Manager Reliance General Insurance Company Limited, Branch Office, Shop No. 516, 5th Floor, National Corporate Park, Commercial Complex, G.E. Road, Raipur, Distt. Raipur Chhattisgarh (Insurer Of The Pickup Vehicle No. CG-29- Ad-2021) ... Respondents For the appellants : Mr. Rajendra Patel, Advocate For Respondent No.1 : None For Respondent no.2 : Mr. Palash Agrawal, Advocate on behalf of Mr. Shekhar Rao Amin, Advocate (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Order on Boa rd 27/07 /2026 ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.07.28 14:40:30 +0530 2 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed by the claimants challenging the award 23.11.2024 passed in Claim Case No.197/2021whereby the learned First Additional Motor Accident Claims Tribunal, Ambikapur rejected the claim of the appellants especially taking the ground of territorial jurisdiction. 2. The claimants’ proof regarding their residence at Ambikapur is not accepted. The Tribunal observed that the accident occurred within the limits of the Surajpur Police Station, which falls under the Surajpur District; however, the claim petition was filed in the Tribunal of Ambikapur District Sarguja. 3. Learned counsel for the appellants seeks permission to withdraw this appeal with liberty to file claim petition before appropriate Tribunal having jurisdiction. 4. Considering the fact that the accident occurred way back in the year 2020 and in order to ensure that no prejudice or loss is caused to the claimants the request of learned counsel for the appellants is accepted. 5. Accordingly, the impugned order dated 23.11.2024 is set aside and the matter is sent back. 6. The appellants are permitted to withdraw the appeal with a liberty to file claim application before the appropriate Tribunal within 45 days. They are also permitted to retrieve all original documents or certified copies from the concerned Ambikapur Tribunal along with their claim application. 7. In view of the liberty granted to the appellants, it is made clear that the question of limitation does not come in the way of appellants to file claim application. 8. With the above observation/direction, this appeal is dismissed as withdrawn. Sd/- (Sanjay Kumar Jaiswal) Judge Rao