IN THE HIGH COURT OF MADHYA PRADESH

AT GWALIOR

BEFORE

HON'BLE SHRI JUSTICE HIRDESH

th

ON THE 13 OF JANUARY, 2026

MISC. APPEAL No. 190 of 2015

SMT.ANITA AND OTHERS

Versus

RAM KUMAR AND OTHERS

Appearance:

Shri Sanjeev Tiwari- learned Counsel for the appellants- claimants.

Shri Akhilesh Kumar Gupta- learned Counsel for the respondents No.1

and 2- driver and owner of vehicle.

Shri Ram Vilas Sharma- learned Counsel for the respondent No.3/

Insurance Company.

ORDER February 2015, which caused the delay in filing the appeal within the prescribed time. It is further contended that the claim case under Section 166 of the Motor Vehicles Act, in respect of the death of the husband of appellant No.1, was dismissed for want of prosecution vide order dated 19.07.2010. To restore the claim case, the appellants filed an application under Order 9 Rule 9 of the CPC, which was registered as MJC No. 5/2010. However, when the case was fixed for the evidence of appellant No. 1, her daughter (appellant No. 3) was ill, and as a result, appellant No. 1 was unable to attend the hearing to lead evidence. Due to her absence, MJC No. 5/2010 was dismissed vide order dated 24.03.2011. The appellants thereafter filed MJC No. 10