^v: ^ HIGH COURT OF CHHATTISOARH AT BiLASPUR 'w Writ Petition^io.4701/2007 SsngteBench: Hon'bSe Shri Dilip Raosaheb Deshmukh, J. -(AppifcarstNo.l-) Non-apDl'.cant No.2] 3. Unlteti india Limited, R.B Insurance company Tradera, 1st F'loor', T.P. Nagar, Korba, Tah & Distt. Korba (CG) Smt Butaki Bai Wd/o Dalvir Das, aged 52 years, Ku. Pushpa D/o Jagdeo Das, aged 4 years, Ku. NimSia D/o Jagdeo Das, aged 2 vears. £- are rninor through thelr ad iitem guardian-Smt. sutfa' Bai Wd./o Daivir Das (i-espondentNo.1) A'i are R'o ViSS-Jog'.pal',, P.S. & Tah Kartaii, Distt.Korba (CG) Chhatrapa! S/o Mugaluram, aged 36 ysars, Rto ViSt Patarapali, P.S. & Tah-Kartala, Distt-Korba (CG) (Driver) Ramkumar S/o Maniram Kanwar, Ri'o vill-Ghanora, P.S. & Ta'ft- ??'a s^!i~ , Distt-Korba (>JU) Shri Dashrath Gupa, counsel for the petittoner. Respondents No.1, 2, 3 &5 sbsent thoygh ser/ed. Resoondent No.4 's not yst serve.d. (Passed on 23ro0ctober, 2007) At the request of the learned counsel for the petitioner, this writ petltlon is being finaily disposed of atthe std§eof admission. (2) The petltioner/insurer is aggrieved I bv the iind Additionai Motor Accident Claims Tribunai, Kor by an order dated 9.5.2007 passed rba (hereinafter •< . 1- ,a- /^-^ referred to as the M.A.C.T) in ciaim case No.13/2007 whereby while dismissing the application under Section 148 of C.P.C. fiied by the petitioner, the right to fiie written statement of the petitioner was ciosed. (3) Brief facts are that an apptlcation was filed by the petitioner before t'ne M.A.C.T. under Section 148 of C.P.C. for eniarging time for fiiing written statement. Cogent reasons tw were given in the application that due to time consumed in verification of the poiicy of 'insurance, a copy of which was given to the petitioner on 12.4.2007, delay had occurred in filing written statement. A copy of the writtsn statement .was aiso filed along with the appl'scatson under Section 148 C.P.C. The- M.A.C.T. ought to have considered the application on merits and should have given cogent reasons for refusing to eniarge time. The rejection'of the prayer for eniargement of time by the M.A.C.T, in a Fnechanical manner has thus, resulted in failure of Priya (4) ln this viev'/ of the matter, the writ petition is ailowed. The impugned order dated 9.5.2007 passed by the lind Additionai Motor Accident Claims "ribunai, Korba is set aside. Application under Sectson 148 C.P.C. is aliowed. The written statement f'iled by the petitioner application under Section 148 C.P.C. shall be taken on record. (5) !n view of the above, writ petition (C) stands di <^' ^ itf