Cholamandalam Ms General Insurance ... vs Keerat Kumar Porte
2025 Latest Caselaw 4163 Chatt

Chattisgarh High Court

Cholamandalam Ms General Insurance ... vs Keerat Kumar Porte on 2 September, 2025

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              HIGH COURT OF CHHATTISGARH AT BILASPUR

                                  Order Sheet

                             MAC No. 1938 of 2025

     CHOLAMANDALAM MS GENERAL INSURANCE COMPANY LIMITED
                                      versus
                        KEERAT KUMAR PORTE & Ors.


02/09/2025          Ms. Aditi Diwan, Advocate for the appellant.

                    Heard on admission.

                    Admit.

                    Issue notice to the respondents.

Steps within a period of 10 working days, failing which, the

appeal shall stand dismiss without reference to the Bench.

Also heard on I.A.No. 01/2025 an application for grant of stay.

Learned counsel for the appellant submits that the claim

application filed under Section 166 of the Motor Vehicles Act was

barred by limitation as it was preferred after period of limitation of 06

months. She further submits that the claimants are the major sons an

they cannot be said upon the income of the deceased. She goes on to

submit that the deceased was aged about 63 years even then the

learned Tribunal has added 10% future prospects in his income which

is not permissible in light of the judgment of Hon'ble Supreme Court in

case of National Insurance Co. Ltd. Vs. Pranay Sethi, 2017 (16)

SCC 680.

Taking into consideration the submission made, it is ordered

that on depositing 50% of the awarded amount and recovery of the

remainder shall remain stayed before the learned Claims Tribunal

within a period of 45 days from today. The respondents/claimants

would be entitled to withdraw the deposited amount in accordance with

terms of the award.

List after service report is received.

In the meanwhile, call for the records of the Claims Tribunal.

Sd/-

(Sachin Singh Rajput) Judge

Ashish

ASHISH TIWARI TIWARI Date:

2025.09.02 18:07:18 +0530