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2024 Supreme(Online)(CHH) 10499

HIGH COURT OF CHHATTISGARH
Shri Justice Rakesh Mohan Pandey, J
Chhattisgarh State Power Distribution Company Limited Through Executive Engineer, Mungeli, Dist. Mungeli, C.G. – Appellant
Versus
Ku. Seema Kosle D/o Daneshwar Kosle Aged About 26 Years R/o Village Ghorbandha, Tahsil Lormi, Dist. Mungeli, C.G. – Respondent


Advocates:
For the Appellants/Petitioners:Mr. Varun Sharma, Advocate
For the Respondents:Mr. Ankur Diwan, Advocate, Mr. Vikhyat Arora, Advocate, Mr. Atanu Ghosh, Dy.G.A.

Table of Content
1. plaintiff's injury and compensation claim details. (Para 1 , 3 , 4)
2. arguments on appealability and maintainability of the suit. (Para 6 , 9 , 10)
3. court's analysis of statutes regarding appeal rights. (Para 7 , 11 , 12)
4. clarification on the applicability of the fatal accidents act. (Para 15 , 16 , 18)
5. conclusion on the maintainability of the civil revision. (Para 22 , 23)

CAV JUDGMENT

1) In the present case, the applicants/defendants have challenged the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in Civil Suit No.2B/2019 dated 11.12.2023 whereby the civil suit filed by the plaintiff under Section 1-A of the Fatal Accidents Act, 1855 was allowed and compensation of Rs.17,51,319/- was awarded in favour of the plaintiff.

2) In the present case, notices were issued to the plaintiff and defendant No. 3. The counsel appearing for the plaintiff raised an objection to the effect that the civil revision against the judgment and decree passed by the learned First Additional District Judge, Mungeli (C.G.) in a regular civil revision is not maintainable and an appeal would lie according to the provisions of Section 96 read

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