Shri Ram General Insurance Company Limited v. Ram Kumar

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MCC No. 729 of 2017 Shri Ram General Insurance Company Limited, E-8, RIICO Industrial Area, Sitapur, Jaipur Rajasthan Through Branch Office 4th Floor, Maruti Heights, Mohba Bazar, Near R.K. Mal, Tahsil And District- Raipur, Chhattisgarh Pin 492001 ...................Insurer --- Applicant

Versus

1. Ram Kumar, S/o. Banafar Patle, Aged About 35 Years, R/o. Village Somnapur (Old), P.O. Saihamalgi, Thana Kunda, Tahsil Pandariya, District Kabirdham, Chhattisgarh ................Claimant

2. Dheeraj Ram Bhatia, S/o. Mantriram Bhatia, Occupation Driver, R/o. Village Menha Thana Nandghat, Tahsil Navagarh, District Bemetara, Chhattisgarh ...............Driver

3. Vijaykant, S/o. Narayan Prasad Verma, Occupation Vehicle Owner, R/o. Village Katai, Tahsil Navagarh, District Bemetara, Chhattisgarh ................Owner ---Respondents 06.09.2018 Mr. Sharad Mishra, Advocate for the Applicant. No representation is made on behalf of the Respondents, despite service of notice.

Heard on application for condonation of delay in filing application for restoration of MAC No.1515/2016. On due consideration and for the reasons stated in the application, which is supported by an affidavit, the delay of 240 days in filing the MCC is condoned.

Also heard on application for restoration of M.A.(C) No.1515/2016.

Taking into fact that appeal was dismissed in default and considering the reasons assigned in the application, which is supported by an affidavit, in order to advance the cause of justice on merit, the order dated 17.11.2016 passed in M.A.(C) No.1515/2016 is set aside. Consequently, M.A.(C) No.1515/2016 is restored to its original number.

In view of the above, the application for restoration of the case is allowed.

Sd/- (Goutam Bhaduri) Judge ashok