BERWi r^- ^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITIO (C) N0. U> 32- /2011 ^- PETITIONER Heera Ram Patel aged about 57 years S/o Kartikeshwar Patel, by Caste Aghariya, Occupation Owner of vehicle, R/o Village Ranisagar, Thana & Tehsil Kharasiya and District Raigarh, (C.G) Versus RESPONDENTS ^ .••(:\^-'" ^^ <-)/• -^^ .i^y ...^y X" •; 2. Cholamandalam M.S. General Insurance Company Ltd. First Floor Hinduja Complex Paras Nagar Near Railway Line, Devendra Nagar Raipur (C.G.) Smt Kanti Bai W/o Late Baidyanath aged about 36 years, by caste Aghariya Ku. Ahilya D/o Late Baidy.anath aged about ISyears, 4. Ku. Bhuvneshwari (Minor) D/o Late A. Baidyanath, aged about 16 ye£irs,ttiT-°IJl3ik- iUwi sM»At/f&n-ti' fccu- QA ^*^ Aous^a.tA-o+^ C»S<S6')la 5. Naveen (Mirior) S/o Late Baidyanath, aged about 13 years,bv e»A^-^~ *A>"^''ww'y<(' ^V'teMC.tW^, ^^•fcejL ^ ('-&jKiS^ ca.yA-ot 13 t yo*^. ^ 6. Ku. Binita (Minor) D/o Late i_ Baidyanath, aged about 5 years, b-i caA'^iL, hr A^.lu-~Ay* i ynn-^"t)1~ I^SAnAOV^iuY ^ym^"" !)"-<-' \sfc LcJ^e Qai-e^^'vs^-Ctay^-e^ <g£>yC!K^3, 7. Smt Kamnamati (Widow) W/o Late Shriram , aged about 68 years, by caste Aghariya, All peititoners 2 to 7 Resident of Village Bhalmundi, Thana Chhal, Tahsil Dharmjaigarh DIstrict Raigarh (C.G.) w^~ ' 8. Kheer Prasad Patel aged about 32 years , S/o Heera Ram Patel, by Caste Aghariya, Occupation Driver, R/o Village Ranisagar , Thana 8s Tehsil Kharasiya and District Raigarh, (C.G) WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA getitioner HiGH COURT OF CHHATTiSGARH AT BiLASPuR Wrii Petition (Ci N0.2032 of 2011 Hssra Ram Patsi aged about 57 years S/o Kartikeshwar Patei, by Caste Aghariya, Occupation Owner ofvehicie, R/o Viiiage Ranisagar, Thana & Tehsi! Kharasiya and Dlsfrict Raigarh (C.G.) Versus Respondents Choiamandaiam 5. Fvi.S. General insurance Company Ltd., First Fioor Hinduja Comptex Paras Nagar Near Raiiway Line, Devendra Nagar, Raipur /r" /^ \ ^.\3. Smt.Kanti Bas W/o Late Baitiyanath aged about 36 years, by caste A^hariya KuAhiiya D/o Late Baidyansih aged about18years, Ku.Bhuvnsshwari (Minor) D/o. Late Baidyanath aged about 16 years, through its mother Kantibai W/o Late Baidyanath, aged 36 years, Navssn (Minor) S/o Late Baidyanath, aged about 13 years, by Casts Aghariya, through its mothsr Kantibai W/o Late Baidyanath, aged 36 years Ku. Blnita (Minor) D/o Late Baidyanath, aged about 5 years, by caste Aghariya, through its mother Kantibal W/o Late Baidyanath, aged 36 years 8. SmtKarunamati ftfl/itiow) W/o Late Shriram, aged about 68 years, by caste Aghariya, Ail petitionsrs No.2 to 7 Resident of Viiiage Bhalmundi, Thana Chhai, Tahsl! Dharamjaigarh, District Ralgarh (C-.G.) Khser Prasad Patel agsd about 32 years, S/o Heera Ram Patei, by caste Aghariya, Occupation Driver, Ri'o Village Ranisagar, Thana & Tehsil Kharasiya and District Raigarh (C.G.) fvVrit Petition under Art'cie 226 of the ConsBtution of india) Mr.AkhHesh Kumar, counsei for the petitioner. Mr.Jansk Hidko, counse! for respondents No.2 to 7 3^-- *s ^ "BS— (SB: Hon'bie Mr. T.P. Sharma, >;.) ORDER $13-9-20115 1. By this writ petition under Articie 226 of the Constitution of !ndia the petitioner 'nas chaSSenged ths isgaHty & propristy of ths ordsr datea 18.2.2011 psssed by the Fourth Additionai Moior Accident Ciaims Trfeuna! (F.T.C.), Raigarih in Ctaim Case No.6/09, whereby application for secondary evidence reiating to photocopy of cover nois has been dismissed by the Court beiow. 2. After some argumsnts, isarned counsei for ths petitioner submits thst In the Ught of pieading of respondent No.1 in para 14 and the fact that covsr note has been issued by respondent No.1, hs seeks io withdraw this writ petition wit'n iibsrty to summon respondeni No.1 as witness aiong with cover note and fiie reiating to such insurance. 3. The writ petition is dismissed as withdrawn with ths aforesaid tiberty, espec'ia'iSy considering the photocopy of cover nots beard the seai of insurance Company and pieading of respondent No.1 in para 14 of written statement. Noorderastocosts. Sd/- T.P. Sharma Judge ^^ ItlT;.,:.-—,— 7/.l