High Court Of ChhattisgarhMCC/347/2018allowed

Smt. Phulkunwar Bai Kurre v. Rajesh Das Manikpuri

2018-08-08Hon'Ble Smt. Justice Rajani Dubey,Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 347 of 2018

1. Smt. Phulkunwar Bai Kurre W/o Khubiram Kurre Aged About 53 Years R/o Village- Akoli, Post Khumuda, P. S. Berla, Tahsil Bemetara, Distt. Durg, Chhattisgarh., District : Durg, Chhattisgarh

2. Khubriam Kurre Aged About 60 Years R/o Village- Akoli, Post Khumuda, P. S. Berla, Tahsil Bemetara, Distt. Durg, Chhattisgarh., District : Durg, Chhattisgarh ---- Applicants

Versus

1. Rajesh Das Manikpuri Vishaldas Manikpuri, Aged About 30 Years Occupation- Driver, R/o Village Muraithi, P. S. Dharsinwa, Tahsil And Distt. Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

2. Mayarm Yadu, Vishveshwar Yadu, Aged About 46 Years R/o Village Muraithi, Post Siltara, P. S. Dharsinwa, Tahsil And District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

3. The Oriental Insurance Company Ltd. Through Divisional Manager, Divisional Office No. 1, Kachhahari Chowk, Jail Road, Raipur, Chhattisgarh. Policy No. 9581, Policy Year 2008, Development Officer Code 34, Period From 20.02.2008 To 19.02.2008, District : Raipur, Chhattisgarh ---- Respondents For Applicants :

Shri Akhilesh Mishra, Advocate For Respondents 1 and 2 :

None Respondent No.3 is the insurance company.

Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 08/08/2018 Per Manindra Mohan Shrivastava, J.- Heard on application for condonation of delay in filing MCC. Taking into consideration the cause shown in the application, we are inclined

to allow the application for condonation of delay in filing MCC. The appeal filed by the claimants was dismissed for want of prosecution. The appeal of the claimants was listed before this Court on 06/03/2012, however, the same was dismissed for want of prosecution.

Having gone through the contents of the application, we are satisfied that sufficient cause is shown for non-appearance. Therefore, we are also inclined to restore the appeal and allow the MCC.

Accordingly, MCC is allowed. The order of dismissal for want of prosecution is recalled and claimant's appeal is restored to its original number. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti