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2022 Supreme(Online)(Chh) 1623

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Claimant – Appellant
Versus
Ritesh Kumar Vaishnav – Respondent


Advocates:
For the Appellants/Petitioners: Hemant Kesarwani
For the Respondents: None

Table of Content
1. timeliness of the claim petition is analyzed considering the timelines established by legislative amendments. (Para 2 , 3 , 4)
2. court evaluates the impact of non-notification of amended provisions regarding claims. (Para 6 , 12 , 21)
3. final ruling restores the claim petition for proper adjudication. (Para 22 , 23)

1. Challenge to this appeal is the award dated 19.2.2020 passed in unregistered claim case whereby learned Additional Motor Accidents Claims Tribunal, Khairagarh (for short 'the Tribunal') has dismissed the claim holding it to be barred by time. The parties to this appeal shall be referred hereinafter as per their description in the Tribunal.

2. The facts which are essential to be stated for adjudication of this appeal are that on 23.4.2019 at about 7.30 p.m., the claimant was dashed vehemently by offending vehicle 'Bolero' bearing registration No. CG 08 - AK 2333 owned by Ritesh Kumar Vaishnav and insured with Iffco - Tokio General Insurance Co. Ltd. when he was returning to his village Amlidihkhurd from Khairagarh. The alleged accident occurred owing to rash and negligent driving of its driver Shailendra Verma, as a result of which the claimant sustai





































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