^^ 5) IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.fONo. 31^ / 2011 CLAIMANT APPELLANT : The Oriental Insurance Company Limited (N.A No.2) Main Road, Jagdalpur,Distt. Bastar-(C.G.) VERSUS RESPONDENTS^ : 1. Smt. Daymati W/o late Subesh Aged about 23 years, 2. Sulendra (Minor) S/o late Subesh Aged about 7 years //^ /^ /v^ 3. Ku.Gudiya (Minor) D/o Late Subesh aged about 4 years * Respondent np. 2 and 3 are minor through Naturai guardian mother respondent no la All are R/o Viliage Mandar, P.S. Lohandiguda Distar Bastar (C.G.) 4. Baishakhu S/o By.tlti, R/o Neganar P.S. Lohandiguda TahJagdalpur Dist Bastar (C.G.) —Ownerofthe Vehide— MISC. APPEAL U/S 173 OF THE MOTOR VEHICLES ACT ^w .'y/ -A^'/^"A €y/^ .///^ ^y'-v N.A.N0.1&2 7 t:'^S^I ins;^^ HIGK COURT OF CHHATTISGARH AT BILASPUR M.A. (Cl N0. 315 OF 2011 APPELLANT/ j?^.A. NQ.21 RESP023DENTS Tiie Oiieiital Iii»ui*aiice Company Limited. Versiis Smt. Daymati aiicl otiiers. APPEAL UNDER SBCTION 173 OF THE MOTOR VBHICLEB ACT, 1988 Division Bench: Hon'ble Shri i.M. Ouddusi fis Kos£»bleShr! Q. Minhatiaddia, JJ. Preseiits Sl'u'i Hai-mmaii Prasad Agi'awal, comlsel for tlie appeUant. 3lAi~i Alok Dewaiigaii, counsel for claimaiiits/ Respondents No. 1 to 3. "'^1" ORAL ORDBR (Passed on 29th day ofJuae, 2011) Per £.M. Quddusi. J. Heai'd. 2. Tliis appeal has been ffled agaiiist fbe impugned award dated 06-12-2010 passed by tiie Third AdcUtional Motor Accident Claims Tribunal, Bastar at Jagdalpui' (for short ti-ie Claims Tribmial) m Claini Case No.39/2009 by the appellaiit - Insuraiice Company, as tlie Insuraiice Compaiiy has been held llable to pay compensation to Uie claimaiits. 3. Brief facts of tiie case are tliat on 03-05-2007 deceased Subesh, wl-ule driving ti'ie Tractor beai'mg registi'ation No. C.G. 17-G/0511 wliich 1s owned by respondent No.4 (Baishakliu), haviiig loaded with boulder on tlie way to the field of Baisliakliu, met wiUi aii accident at Kotwai'pai'a tm'iiing m tlie ViUage Ghm'gaon, as a result of which tlie deceased sustaiiied grievous mjui'ies. He was tal^en to tlie Hospltal, Jagdalpui' where he died on 06N05-2007during course of tlie ti'eatment 4, Tlie clamiauts being legal heirs of the deceased had filed a petition under Section 163-A of the Motor Vehicles Act (for short fhe Acf) before the Tribunal claiming a total compensation ofRs.5,18,400/- for fhe deatii oftlieii' bread eai'ner, iiiider vai'ious heads. 5. Leai'ned Tribiuial on a close scrutuiy of evidence led, ruaterial placed and submisslons made by tiie parties, has awai'ded a sum of Rs.4,17,500/- along witli iiiterest @ 6% per annum from tlie date of application aiid has held that the Irisui'aiice Compaiiy is Uable to pay the aiiiount of compensation to tl-ie claimaiits. .<• 6. We liave perused the record ©fthe Claims Tribunal and fouud that no driving llcence was filed arid copy of registration ceitificate of fl'ie ti'actor iii question is also not avallable on record. Leai'ned Clainis Tribuiial has fi-ai-ned issue No.2 to tlie effect as to whetiier tlie accident occurred because the veiiicle was plied la violation of the conditions of tlie msurance pollcy, but nofliliig has been considered iii tiiis £egai'd. The insuraiice policy was a Kisan Package Policy and tl~ie Tractor m question was to be used for agricultm'al purposes only but boulder was loaded on the troUey. The purpose of loadlng boulder on tlie ti'olley has not been discussed by the Tribmial, as to wheflier tlie sanie was loaded for agi'icultural pui'pose or otlierwise. The driver of the Tractor was havmg a valid and effective drivmg Ucence on tiie date of the accident or not, has also not been discussed. No findings have been given on tliese pouits. ./• 7. In om' opiiiion, the matter requires reconsideratlon on tlie above issues. Therefore, we set aside tlie fiiidiiigs given on issue No.2 as well as dii'ection given to tiie Insurance Compaiiy to pay the amomit of compensation and remit tlie matter back to fhe Tribuiial to decide fhe issue afi'esh aad pass award afresh. 8. Needless to mention that tiie pai'ties shaU be provided opportunity to amend the pleadmgs, adduce fuTtlier evidence, file docuiiients or get the docuruents verifled etc., on tiie basis of the pleadmgs ali'eady on record. Thereafter, furfher enquiiy may be coxiducted by tlie Tribuiial as provided under Sectlons 168 & 169 of tiie Act, 1988 and Rule 226 of tiie C.G. Motor Vel-iicle Rules, 1994. 9. The pailies shall appeai' before fhe Claims Tribunal 01127-07-2011. fr 10. The records of fhe Tribuna^ shall be sent back without any fmll-ier delay. 11. The appeal is aUowed iii part accordingly. No order as to costs. ^2_ Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Kvr