Chattisgarh High Court
Vijay Rajwade vs Khelsai on 4 August, 2025
-1-
2025:CGHC:38349
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1077 of 2019
1 - Chandar Ram Rajwade S/o Late Rambharosh Rajwade Aged About 40
Years
2 - Smt. Urmila Rajwade W/o Chandar Ram Rajwade Aged About 38 Years
Both R/o Village - School Para Latori, Post - Jangala, Police Station And
Tahsil - Lakhanpur, District (Revenue And Civil) Surguja Chhattisgarh.
--- Appellant (s)
versus
1 - Khelsai S/o Chandarlal Aged About 33 Years Caste - Bijhiya R/o
Kedarpur, Jarhapara, Police Station And Tahsil - Premnagar, District Surajpur
Chhattisgarh. (Driver Of The Vehicle), District : Surajpur, Chhattisgarh
2 - Kusum Devi Agrawal W/o Dinesh Kumar Agrawal Aged About 40 Years
R/o Agrawalpara, Main Road, Juna Lakhanpur, Police Station And Tahsil -
Lakhanpur, District Surguja Chhattisgarh. (Driver Of The Vehicle), District :
Surguja (Ambikapur), Chhattisgarh
3 - The United India Insurance Company Limited Through Branch Manager,
Bramhroad, Near Kumkum Hotel, Ambikapur, District Surguja Chhattisgarh.
(Insurer Of The Vehicle)
--- Respondent(s)
_____________________________________________________________
For Appellant (s) : Mr. S.D. Singh, Advocate
For Resp. No. 2 : Ms. Mamta Mahilange, Advocate on
behalf of Mr. Anshul R. Shrivastava, Advocate
For Resp No. 3 :
Mr. Akash Shrivastava, Advocate on
behalf of Mr. R.N. Pusty, Advocate
___________________________________________________________
1 - Vijay Rajwade S/o Late Sukhram Rajwade Aged About 45 Years Caste -
Rajwar, Occupation - Dependent
2 - Smt. Budhiyaro W/o Vijay Rajwade Aged About 43 Years Caste - Rajwar,
Occupation - House Wife
Both R/o Village - Bharatpur, Post, Police Station And Tahsil Lakhanpur,
District (Revenue And Civil) Surguja Chhattisgarh
---Appellant (s)
Versus
1 - Khelsai S/o Chandarlal Aged About 33 Years Caste - Bijhiya, R/o
Kedarpur, Jarhapara, Police Station And Tahsil - Premnagar, District Surajpur
Chhattisgarh. (Driver Of The Vehicle)
2 - Kusum Devi Agrawal W/o Dinesh Kumar Agrawal Aged About 40 Years
R/o Agrawalpara, Police Station And Tahsil - Lakhanpur, District Surguja
Chhattisgarh. (Driver Of The Vehicle)
3 - The United India Insurance Company Limited Through Branch Manager,
Bramhroad, Near Kumkum Hotel, Ambikapur, District Surguja Chhattisgarh.
(Insurer Of The Vehicle)
--- Respondent(s)
________________________________________________________
For Appellant (s) : Mr. S.D. Singh, Advocate
For Resp. No. 1 & 2 : Ms. Mamta Mahilange, Advocate on
behalf of Mr. Anshul R. Shrivastava, Advocate
For Resp No. 3 :
Mr. Akash Shrivastava, Advocate on
behalf of Mr. R.N. Pusty, Advocate
_______________________________________________________
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Judgment On Board
04/08/2025
1. After arguing for some time, learned counsel for the appellants submits
that according to statement of Khelsai recorded by the police, it has
come that he was the driver of offending vehicle, however, when he
proceeded on leave for 15 days, owner of offending vehicle engaged
deceased Madan Ram Rajwade as driver and Lallan Ram Rajwade as
Cleaner of the offending truck. The accident occurred in the course of
employment and therefore in the facts of case he may be permitted to
withdraw these appeals with liberty to file appropriate application under
the Employee's Compensation Act, 1923.
2. Learned counsel for the respective respondents submit that as learned
counsel for the appellants is not pressing this appeal on merits and
seeking permission of this Court to withdraw these appeals with liberty
to avail other alternative remedy available to claimants, they are having
no objection.
3. In view of submission made by learned counsel for the appellants and
looking to the facts and circumstances of the case, both the appeals
are dismissed as withdrawn with liberty as prayed for.
Sd/- Sd/--
(Parth Prateem Sahu)
Judge
Praveen
