Digitally signed 2026:CGHC:3725 by SHAYNA KADRI NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CR No. 178 of 2025

1 - Shriram General Insurance Company Ltd Through The Branch Manager 4th Floor. Maruti Heights Near Maruti Dealership G.E. Road Raipur Tahsil And District - Raipur (C.G.)

... Applicant versus

1 - Ramprasad Kawade S/o Bisahu Ram Kawade Aged About 52 Years Caste Gond R/o Village Kawade Para Dongargaon P.S. Korar, Tahsil Bhanupratappur, District - Uttar Bastar Kanker (C.G.)

2 - Smt. Dason Bai W/o Ramprasad Kawade Aged About 48 Years Caste Gond R/o Village Kawade Para Dongargaon P.S. Korar, Tahsil Bhanupratappur, District - Uttar Bastar Kanker (C.G.)

3 - Vimal Kawade S/o Ramprasad Kawade Aged About 28 Years Caste Gond R/o Village Kawade Para Dongargaon P.S. Korar, Tahsil Bhanupratappur, District - Uttar Bastar Kanker (C.G.)

4 - Ku. Vandana Kawade D/o Ramprasad Kawade Aged About 23 Years Caste Gond R/o Village Kawade Para Dongargaon P.S. Korar, Tahsil Bhanupratappur, District - Uttar Bastar Kanker (C.G.)

5 - Chhatrapal Singh Rajput S/o Uday Singh Rajput Aged About 26 Years R/o Talakurra P.S. Korar Tahsil Kanker District - Uttar Bastar Kanker (C.G.)

6 - Mukesh Kumar Banerjee S/o Bhagwat Ram Banerjee R/o Village Narra Post Barhi Tahsil And District - Balod (C.G.)

... Respondent(s)

(Cause Title is taken from CIS System)

For Applicant : Mr. Ashutosh Rathore, Advocate For Resp. No. 1 : Mr. Siddharth Sharma, Advocate to 4 appearing on behalf of Mr. Suyashdhar Badgaiya, Advocate Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

21/01/2026

1. This Civil Revision is filed under Section 115 of the Civil Procedure Code, 1908 being aggrieved by the impugned order dated 07.05.2025 passed by the First Additional Motor Accident Claims Tribunal, Uttar Bastar Kanker (C.G.) in Case No.

MACT/127/2022.

2. The facts of the case, in brief, are that respondent Nos. 1 to 4 filed a claim application under Section 166 of the Motor Vehicles Act, 1988 before the First Additional Motor Accident Claims Tribunal, Uttar Bastar Kanker (C.G.), seeking compensation for the death of Late Biresh Kawade, which allegedly occurred in a road accident dated 16.12.2018. It was averred that the deceased was travelling on a motorcycle along with his friend Dilip from Village Korar towards Korargaon when their motorcycle was suddenly hit by another motorcycle bearing registration No. CG-24-K-9376, driven by respondent No. 5 and owned by respondent No. 6, resulting in the deceased sustaining grievous injuries to his head, chest, hands, legs and other parts of the body, to which he succumbed during the course of treatment. The claim petition, however, was instituted on 22.11.2022, i.e. after a lapse of nearly four years from the date of the accident, and was therefore contended to be barred under Section 166(3) of the Motor Vehicles Act, 1988, prompting the revisioner to file an application under Order VII Rule 11 CPC seeking rejection of the claim petition. Despite the statutory bar and the submissions advanced in this regard, the learned Tribunal dismissed the said application in an arbitrary manner, leading to the passing of the impugned order and the filing of the present revision.

3. Learned counsel for the applicant submits that the impugned order passed by the learned Motor Accident Claims Tribunal suffers from material irregularities and patent illegality of a grave nature. It is contended that the Tribunal has failed to exercise jurisdiction in accordance with law and has passed the order in disregard of the statutory mandate, thereby rendering the impugned order unsustainable and liable to be set aside by this Court. It is further submitted that the learned Tribunal has committed a serious jurisdictional error by exercising a power which is not vested in it under the Motor Vehicles Act, 1988. The Act does not confer any power upon the Tribunal to condone delay in filing an application under Section 166 of the Motor Vehicles Act. Learned counsel emphasizes that neit