High Court Of ChhattisgarhMCC/101/2016dismissed

Ramdhani Yadav v. Brijesh Kumar Singh

2019-05-03Hon'Ble Shri Justice Goutam Bhaduri2 pages

HIGH COURT OF CHHATTISGARH, BILASPUR MCC No. 101 of 2016 • Ramdhani Yadav S/o Nohar Sai Yadav, Aged About 62 Years Wrongly Mentioned As Lohar Yadav) Occupation Agriculturist, R/o Village Katkona Colliery, Police Station Patna, Tahsil Baikunthpur, Civil And Revenue District Koriya Chhattisgarh.......Appellant No. 4 ---- Petitioner

Versus

1. Brijesh Kumar Singh S/o Suresh Singh, Vehicle Owner, Village And Post Katkona Colliery, Police Station Patna, Tahsil Baikunthpur, Civil And Revenue District Koriya Chhattisgarh

2. Laxman S/o Moharsai, Occupation Vehicle Driver, R/o Village Tengni Near Hospital, P. S. Patna, Police Chowki Pandorapara Colliery, Civil And Revenue District Koriya Chhattisgarh

3. Ifco Tokio Insurance Company Limited, Registered Office At Ifco Sadan District Centre, Saket New Delhi - 110017

4. Smt. Sandhya Yadav W/o Late Uday Yadav, Aged About 24 Years Occupation House Wife

5. Ku. Nisha Yadav D/o Late Uday Yadav, Aged About 7 Years Occupation Student, Minor, Through Legal Guardian Mother Smt. Sandhya Yadav

6. Surya S/o Late Uday Yadav, Aged About 4 Years Occupation Student, Minor Through Legal Guardian Mother Smt. Sandhya Yadav, No. 4 to 6 are R/o Village And Post Katkona Colliery, Police Station Patna, Tahsil Baikunthpur, Civil And Revenue District Koriya Chhattisgarh.......Appellant No. 01 To 03 ---- Respondents For Applicant :

Shri A.C. Sahu, Advocate For Respondent No.3 :

Shri Amrito Das, Advocate Hon'ble Shri Justice Goutam Bhaduri Order On Board 03/05/2019

1. The present MCC has been filed for modification in the cause title of the order

dated 17.06.2015 passed in MAC No.832 of 2013.

2. The nature of relief as has been claimed cannot be granted by this Court as the identity of the appellant is sought to be changed which can be done after due verification by the Court below. Therefore, the petitioner is given the liberty to move suitable application before the Court below, which has initially passed the award dated 05.08.2013 in claim case No.25/2013. If such application is filed by the applicant, the Court below shall consider the same and if so required, may record the evidence of the parties in that regard.

3. With such observation, the MCC stands disposed of. Sd/- Goutam Bhaduri Judge Ashu