The Reliance General Insurance Company Pvt. Ltd. v. Rajkishor

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 540 of 2019 The Reliance General Insurance Company Pvt. Ltd. Through Branch Manager, Branch Office, Ravi Bhawan, 4th Floor, Jaistambh Chowk, Raipur, District Raipur, Chhattisgarh....Non-Applicant No. 3................ (Insurer Of Vehicle Hyva Bearing Registration No. C G 04/ H A/1645), Chhattisgarh, District : Raipur, Chhattisgarh ---- Petitioner

Versus

1. Rajkishor S/o Shri Bhuneshwar Paswan Aged About 35 Years R/o Railway Colony, Tilda, Raipur, Police Station- Tilda, Tahsil And District- Raipur, Chhattisgarh.(Claimant/applicant), Chhattisgarh, District : Raipur, Chhattisgarh

2. Prakash Sahu S/o Sakhram Sahu Aged About 26 Years R/o Village Sedhari, Bilaspur, District- Bilaspur, Chhattisgarh, Present R/o Through Mahima Construction Company, Proprietor, Alok Sharma, Bus Stand, Silyari (Wrongly Mentioned As Siyari In The Judgment), Police Station Dharsiwa, Raipur, Tahsil And District- Raipur, Chhattisgrh...............(Non Applicant No.1)..............(Driver Of Vehicle Hyva Bearing Registration No. Cg 04/ha/1645), District : Raipur, Chhattisgarh

3. The Mahima Construction Company, Proprietor, Alok Sharma, Bus Stand, Silyari, Police Station Dharsiwa, Raipur, Tahsil And District Raipur, Chhattisgarh...Non-Applicant No.2................(Registered Owner Of Vehicle Hyva Bearing Registration No. C G 04/ Ha/1645), District : Raipur, Chhattisgarh ---- Respondents For Petitioner :

Mr. Shivendu Pandya with Ms. Mandavi Bhardwaj, Advocates

Hon'ble Shri Justice P. Sam Koshy Order on Board 21/06/2019

1. The present MCC has been filed seeking restoration of the MAC 1285/2017 which got dismissed by a peremptory order dated 14.09.2017.

2. Perusal of the records would show that peremptory order passed way back on 14.09.2017 and the present MCC has been filed after more than 1 1⁄2 years time. No proper justification or explanation has been given by the applicant to show as to why the restoration application could not be filed within time or why the default could not be cured within the stipulated period granted by this Court.

3. In the absence of any cogent justifiable reasons this Court does not find any merit in the present MCC. The present MCC thus fails and is rejected.

Sd/- (P. Sam Koshy) Judge Rohit