1 CGHC010331312026 HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 805 of 2026 Sanat Kumar Tiwari S/o Shri Anjani Prasad Tiwari Aged About 47 Years (Wrongly Mentioned As Sant Kumar Tiwari), R/o Near Bagga Machinery, Bhanpuri, Raipur, Tahsil And District- Raipur, Chhattisgarh.................. (Owner of Truck No. C G -04-D W-0852) ... Appellant versus 1 - Smt. Kunj Bai Joshi W/o Shri Rajkumar Joshi Aged About 40 Years R/o Village- Sonbarsa, Police Station And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh. 2 - Shivkumar Joshi S/o Shri Rajkumar Joshi Aged About 26 Years R/o Village- Sonbarsa, Police Station And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh. 3 - Chhaya Joshi D/o Shri Rajkumar Joshi Aged About 18 Years R/o Village- Sonbarsa, Police Station and Tahsil- Kawardha, District- Kabirdham, Chhattisgarh. 4 - Baishakhin Kosle W/o Mahetara Kosle Aged About 51 Years R/o Village- Sonbarsa, Police Station And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh. 5 - Mehetara Kosle S/o Late Laxmi Das Kosle Aged About 62 Years R/o Village- Sonbarsa, Police Station And Tahsil- Kawardha, District- Kabirdham, Chhattisgarh...........(Claimants). 6 - Jageshwar Yadav S/o Bisahu Ram Yadav Aged About 36 Years Permanent R/o Village Latwa, Police Station And District- Balodabazar, (C.G.) At Present R/o House Of Dhamin Sahu, Urkura, Police Station- Khamtarai, Raipur, Tahsil And District- Raipur, Chhattisgarh............ (Driver of Truck No. C G-04-D W-0852). 7 - National Insurance Company Limited Through Branch Manager, National Insurance Company Limited, Branch No.1, Naveen Bazar, Fool Chowk, G.E. Road, Raipur, Tah. And District- Raipur, Chhattisgarh................(Insurer of Truck No. C.G.-04-D W-0852). ALLENA ANNAJEE RAO Digitally signed by ALLENA ANNAJEE RAO Date: 2026.08.31 18:06:03 +0530 2 8 - Rajkumar Joshi S/o Shri Bhagwati Joshi R/o Village Ghothiya, Post And Police Station- Kawardha, District- Kabirdham, Chhattisgarh................(Father of deceased Vimal Kumar Joshi) ... Respondents For the petitioner : Mr. Devershi Thakur, Advocate For the respondent : …..None….. Hon’ble Shri Justice Sanjany Kumar Jaiswal (Order on Board) 31.08.2026 This MCC has been filed for restoration of MAC No. 1980 of 2023 which has been dismissed for want of prosecution on 10.08.2026. Having heard learned counsel for the petitioner and for the reasons stated in the restoration application which is supported by the affidavit of the petitioner, I am inclined to allow the application subject to payment of costs. Accordingly, this MCC is allowed. The order dated 10.08.2026 is recalled and the MAC No. 1980 of 2023 stands restored to its original number subject to petitioner’s depositing the cost of Rs.2000/- before the Tribunal by Cheque to be drawn in the name of any of the claimants. Sd/- (Sanjay Kumar Jaiswal) Judge Rao