HIGH COURT OF CHHAmSGARH: BILASPUR Single Bench: ARpeliant NQn^pp)icantNa2 Hon'ble Shri Dilip Raosaheb Deshmukh, J. iVIAC No. %8 of 2003 [ Branch Manager, National Insurance Company Limited, Branch-Cffice, Palkot Road, Gumla, Distt.Gumla (Jharkhand) Versus 1. Arodh Kumar Tirkey, S/o Arjun Tirkey, aged 30 years, Caste-Uraon, R/o Village, lchkola, Tah & Distt. Jashpur (CG) 2. Dharmu Ram Bhagat, S/o Tusvaram Bhagat, aged 45 years, Caste-Uraon, R/o Vitlage-Bala Chhapar, Tah & Distt. Jashpur (CG) AjiDeal underSection 173 QftheMotorVehiclesAct,1988. Present: Shri Dashrath Gupta, counsel for the appellant. RssporKients Applicant (Passedon 22.07.2008) Learned counsei for the appeltant submitted that the appellant/insurer did not file an application under Section 170 of the Motor Vehicles Act before the Tribunal, therefore, he is unabfe to chailenge the quantum of compensation awarded by- the Tribunal in this appeal. He further submitted that although the Tribunal had, in para 9 of the award, recorded a. specific finding that the accident occurred on 23.9.2003 due to the contributory negljgence of the driver of the motor cycle on whfoh the claimant Arodh Kumar Tirkey was the piilion rider as also the respondent No.2 herein. The Tribunal, after awarding compensation, overiooked this aspect and did not apportion the iiability aocordingly. (2) Learned counset for the appellant submitted that he would file an application for review before the Tribunal and prayed that the appeal be disposed ofvi/ith the aforesaid liberty. (3) Accordingly, ttie appeal is disposed of with the liberty^s prayed fc?r. -) ^ DUip Raosaheb Deshmukh Judge Priya ^ \