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2026 DAILYLAW 35826 (CHH)

SMT. RENU SAHU v. LEKH RAM DHRUW

WP227/1195/2026 · 2026-09-14

Shri Ravindra Kumar Agrawal

body2026

Judgment text

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1 CGHC010341082026 2026:CGHC:40298 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WP227 No. 1195 of 2026 1 - Smt. Renu Sahu W/o Late Deepak Kumar Sahu, Aged About 26 Years, R/o Village Bhathapara Birkoni, P.S. Mahasamund, District Mahasamund (C.G.) 2 - Kunal Sahu Aged About 3 Months, S/o Late Deepak Kumar Sahu, Through Legal Guardian Mother Smt. Renu Sahu, R/o Village Bhathapara Birkoni, P.S. Mahasamund, District Mahasamund (C.G.) 3 - Chamman Lal Sahu S/o Late Bihari Sahu, Aged About 55 Years, R/o Village Bhathapara Birkoni, P.S. Mahasamund, District Mahasamund (C.G.) 4 - Smt. Leela Bai Sahu W/o Shri Chamman Lal Sahu, Aged About 54 Years, R/o Village Bhathapara Birkoni, P.S. Mahasamund, District Mahasamund (C.G.) ... Petitioners versus 1 - Lekh Ram Dhruw S/o Shri Tika Ram Dhruw, Aged About 34 Years, R/o Village Devgaon, Post- Khauna, P.S. Kharora, District Raipur (C.G.) (Driver of offending vehicle Bajaj Pulsar No. CG 04 NV 6325) 2 - Laxminarayan Sahu S/o Shri Ramavtar Sahu, Aged About 26 Years, R/o Bajrang Chowk, Ravabhatha, Ward No. 12, Post- Birgaon, Raipur, District Raipur (C.G.) (Owner of offending vehicle Bajaj Pulsar No. CG 04 NV 6325) 3 - Branch Manager Cholamandalam MS General Insurance Company Limited, R/o Guru Govind Singh Ward No. 25, 2nd Floor, Simran Tower, Pandri Road, In front of LIC Building Pandri Raipur, District Raipur (C.G.) (Insurer of offending vehicle Bajaj Pulsar No. CG 04 NV 6325) ... Respondents (Cause-title taken from Case Information System) For Petitioners : Mr. Purnendra Khichariya, Advocate. Digitally signed by MOHAMMED AADIL KHAN Date: 2026.09.16 18:19:38 +0530 2 Hon'ble Shri Justice Ravindra Kumar Agrawal, Judge Order on Board 15-09-2026 1. Present is a writ petition filed by the petitioner under Article 227 of the Constitution of India for a direction to the learned Claims Tribunal to conclude the trial of Claim Case No.587/2025 pending before the learned 4th Additional Motor Accident Claims Tribunal, Raipur in expeditious manner and within stipulated time. 2. Learned counsel for the petitioners would submit that the petitioners are claimants before the learned Claims Tribunal where they are prosecuting an application under Section 166 of the Motor Vehicles Act, 1988 for compensation against death of husband of claimant No.1, Deepak Kumar Sahu. The claim case was filed on 28-04-2025 and till date it has not been concluded and the case is fixed for recording of the non-applicant’s witness. He would further submit that after death of husband of claimant No.1, the claimants are facing financial hardship as they have no other source of income and they were dependent upon the deceased, therefore, the petitioners prayed for a direction to the learned Claims Tribunal to expedite the proceeding and decide the same as early as possible within a stipulated time-frame. 3. I have heard learned counsel for the petitioners and perused the documents annexed with the petition. 4. From perusal of the order sheets of the learned Claims Tribunal (Annexure- P/1) it transpires that the claimants’ evidence has already been closed and the case has been fixed for recording of evidence of Non-applicant No.3, however, summons were regularly ordered to be issued to the witnesses of Non-applicant No.3 and from the order sheet dated 17-07-2026 it transpires that bailable warrant has been issued to Doctor Harshit Mishra and the non- bailable warrant has been issued against the Investigating Officer of the 3 criminal case which was registered against the non-applicant No.1/driver of the vehicle to produce him without handcuff and the date was fixed on 06-08- 2026 and as per the submission made by learned counsel for the petitioners, the next date fixed before the learned Claims Tribunal is 28-09-2026. From perusal of the entire order sheets of the trial Court/Claims Tribunal, it transpires that the learned Claims Tribunal is making all its endeavour to conclude the trial of the claim case as early as possible and has issued bailable warrant/ non-bailable warrant against the witness of Non-applicant No.3, therefore, at this stage this Court is not inclined to issue any direction to the learned Claims Tribunal to expedite the proceeding of the case and conclude the same within a stipulated time. However, considering the submissions made by learned counsel for the petitioners, it is expected that the learned Claims Tribunal shall conclude the proceeding of the claim case filed by the petitioners in expeditious manner. 5. With the aforesaid observations, the present writ petition is disposed of. Sd/- (Ravindra Kumar Agrawal) Judge Aadil