! $ y 3 i g; i s ’ I‘T TEE HIGH GGURT OF JUDIGATURE AT BILASPUR C‘HHATTISGARH. ; Blwsmn Bench Misc. Appeal No. 3&4» /2oo3. ( Memorandmn of Appeal Under Sec1;ion 173 9f M V Act 1988) g Appellan'h j Satnam Slngh S/o Shrl Sachem Sing: .. claimant Aged abouu 44 years, ‘ ®9vg§w R/o E.W.S. 24-6, -Va1shali Bhgar, $3.‘ :..-§‘\; 9$5?w §:i&..nww r P.s. Bhilai, Supela, Distt. msw. Burg Burg {c.G). %§ “‘0‘ ¥‘ 'XE- p,. w - Versus - {1. Rahim mJan,S/o Shri Hagan Egan / R/o Kupta, Tehsil : Manora,’ Dist‘fs. Akola (Maharashtra) Driver. 2. Mohd. Mehamood Khan, “K? s/o'Shri‘ Kamr Khan,‘ R/o Near Kali Masjid, Vedpura, . Aknla, Dis‘h't. Akola, Maharashwtra,‘ Omer, *. Lhtional Insurance Canpany Ltd. i K _In front cf Open Theatre; M.G. Road, Akola; ms“. Akola‘ (Malamshtra) ‘ Through M ’ lEtional Insurance Company Ltd. mrough: Branch Managerki Stati on Road, Near Punjabi Gurudwara, Durg, Dis-tho Durg (OoGo)o I -2- V. I Memorandum of Appeal Undegr Secfdon 1'73 of the M.V‘.Act;11988;, Present: Mr. V‘RK} M r. An an c 1 f ‘ HIGH COURT OF CHHATTI$G RH AT BIL SPUR DWISION BENCH HON BLE MR lxM QUDDHSI & HUN BLE MR NAWAL Ki$HORt AGARWAL JJ ‘ i I ‘ M A No $8212003 Satnam Smgh Vs Aggeiiant Resgcmdents Rahim Khan 8: others 'iwari, Advocate, Advocata for the appeiiant. Gupta; Advocate for the respondents No3. w. i r LM. audqusi, J; . HeardJ i The appeiiantfciaimant has filed this appeal against the award dated ?1.T.2§03 passed in Claim Case No.8i2001 by the learned “Motor A;c‘cident Claims Tribunai, Durg (CG) (for short ‘the tribunai‘) dismissing the claim petition filed by the appellantlclaimant seeking compel sation to-the tune of Rs.50,26,tl00f-. . The a pellant-elaimant has filed an application under Sectian 166 of the Motor Vehicles Act, 1988 before the tribunal stating therein that the appellant is the-owner of MP23-DA-1064. On 17.1.2000 he 2-3 a.m. when tie reached near Nagsari, which comes within the jurisdiction of Police’3tation Loni, Amarawati, the truck bear'rng registration number MP23-B-2842, ioaded with iron rod and going ahead of the appellants truck, all of a sudden stopped the said vehicle and therefdre the truck of theappeltant dashed it and due to Which the appetidnt’sdruck dashed with it and as a result the appellant sustairtedinjuries. The appellant was taken to Amrawati Hospital by the local police and iooking to the criticai condition ofthe appellant he w s greferred to §RDER Orai 22" september, 2910) was going in the said truck to Dahej (Gujarta), at about the Medical College Hospital, Nagpur. Thereafter, the appeliant was admitted in Sector-9 Hospital, Bhiiai wherelhis right leg above the knee was amputated. Due to said amputation, the appellant, l has suffered financial toss of Rs.5U,%’26,00Qi- and therefore, he is entitled to receive the same from tite non-applicants. i i I i i l l a .J I i ; @ i t The resbcndent msurance company appeared before e claims tribunai nd med its reply denymg the case ofthe appellant The cia ms tribunal after considering the lssues framed'bv it dismissed the clalm apphcatuon of the appellant mter aha on the ground that the claimant tatied to preve the neghgence on the part ofthe n n—apphcant No.1. We have heard learned counsel for the partues and perused the Impugn d award as also the record of the claims tribunal below From p rusal of the record It Is evrdent that there is copy of the _ certificate dated 11 4 £000 In which percentage of disability of the appellant is mentioned as ‘ {5% but this certitioate was not exhibited There is also insurance policy ot the vehicle bearing registration number MP25 D 5842 which was vatid between the period 20 6 1999 to 21 6 2000 but that has aiso not been exhibited The ditscharge oard of the General Hospital Amravati is also availab’ie on record which shows that the date ot admission 3: discharge as 1r 1 2000 Discharge card of Medical College 8: Hospital Nagpur shows that the date ot admission is 18 1 2000 and date ot discharge is 191 2000 Dther discharge slips and treatment prescriptions have also been tiled but the same have not been Jxhibited *- 8 The clLims tribunal has also inter-aha observed that from perusal of the discharge cards it is evident that the claimant was not admitted in thei hospitais through the poiice and in this circumstance it nnot be heid that accident has taken piace due to negligence on the part of the non applicant No 1 driver However m our opinion to prove the accident it is not necessary that a person should be admitjed in the hospital through the police ' 9 ihe claims tribunai has further observed that no police papers or report were filed or exhibited and therefore the accident cannot be said tio have taken place But the ctaims tribunal itself has observed in ciaimant tho impugned was lodged award by the that non the applicant first information on a7 4 report 2002 in against the police' ther"! statidn Loni tor commission of offence under Sections 279 538 of IPC and this fact is sutticient to snow that the accident hadtaken place on the said date So far as the filing of police papers or reporlt is concerned the claims tribunal could have summoned the samo as the claims tribunal has the power to summon the Witnesses i é i i , i th ‘ » i l A i or dohtments r to arrive at a true éonciusion, but this has not been done and therefore. we are‘of the? opinion that the matter requires recon ideration at the end ofthe claims tribunal. I . Accordingly, we allow this appeal; set aside the impugned award dated 21.7.2003 and remit the matter to the learned Motor Accident Claims Tribunal, Durg (CG) for deciding the same afresh after resto ation ofthe claim petition to its original number. The tribunai shall afford the epportunity to the parties to adduce additional evidence in support of their respective cases. it is made clear that whatever findings have been given in the impugned award shail not be takeninto consideration and without being influenced by those findings, the decision shall be taken by the ciaims tribunal independently. r l Need ess to mention that the claims tribunal shall make an endeavor to conclude the proceedings as early as possible. preferably within a period of six months from the date f appearance of the parties. . The parties are directed to appear before the claims tribunal concerned on 05.16.2010. i i o ' . Registry is directed to transmit record of the claims tribunal concerned without further deiay. '. Certified copy as per rules. Sd/ Sd/- ‘i N.K.A9—arwa‘ I.M.QUDDUSI Judge Roshoinl-i Judge