o IN THE HIGH COURT OF 3UDICATURE AT BILASPUR. CHHATnSGARH M.A. N0A^/200«r :vl •I) i-'cs APPELLANTS ^Non-appellants) ^/ ^%> ^y .<^' </y l^y /^~&/ /^^/ •y' v RESPONDENTS (^pplicants) ( > Bachan Tiwari, aged about 55 years, S/o. Shri Sitaram Tiwari, Occupation: Driver, R/o. Sharda Floor Mill, Sirgitti, Potice Station Torwa, Tahsil and Dlstrict Bilaspur, Chhattisgarh Banti Sidara @ Dwarika Sidara, aged about 22 years, S/o. Pooran Lal Sidara, R/o. Iswar 011 Mill, Torwa near Dr. Pendalwar house, Main Road Torwa, Tahsil and District Bilaspur, Chhattisgarh VERSUS 5^ Smt. Sarita Abhichandani, aged about 30 years, Wd/o. Late Shri Raj Kumar Abhichandani. Master Amit Kumar Abhidiandani, aged about 12 years, S/o. Late Shri Raj Kumar Abhichandani, Master Rahul Abhichandani, aged about 10 years, S/o. Late Shri Raj Kumar Abhichahdani, Master Akash Abhichandani, aged about 7 years, S/o. Late Shri Raj Kumar Abhichandani, ^.^ Ku. Payal Abhichandani, aged about 5 years, D/o. Late Shri Raj Kumar Abhichandani, Respondents No.2 to 5 are minors, Through: Mother Smt. Sarita Abhichandani Wd/o. LateShri Raj Kumar Abhichandanj. All are R/o. i ^. Payal Niwas Behind Primary Health Centre, Chakarbhata, Post Chakarbhata, Tahsil Bilha, District Bilaspur, Chhattisgarh 'y MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 h ?i':"t^'"'^ t ^ •••i!2.Bs-""sg y HIGH COURT OFCHHATTISGARH AT BILASPUR APPELLANTS Non-appellants RESPONDENTS M.A. No.419of2005 Bachan Tiwari & Another Versus Smt. Sarita Abhichandani & Others (Applicantsl APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri JusticeN. K. Agarwal. Present : Shri Bhavesh Acharya, Advocate, appears on behalf of Shri RS Marhas, Advocate for the appellants. ORAL ORDER (Passed on26.10.2Q10) Per: I.M. Quddusi, J. Heard. , 1. The. instant appeal has been preferred by the appellants against the award dated 03.11.2004, passed by the V!!!th Additional Motor Accident Claims Tribunal (FTC), Bilaspur (for short 'the Tribunal') in claim case No. 50/04, imposing the liability upon the driver and owner of the vehicle to the extent of 50% holding contributory negligence. 2. Brief facts of the case are that, on 20.12.2003 Rajkumar Abhichandani (since deceased) while coming to Bilaspur from Chakarbhata along with his friend by his motorcycle, the driver of Mahindra Pickup Van bearing registration No. CG-10-ZB- 0482, dashed the appellant's motorcycle as a result of which Rajkumar succumbed to the injuries sustained in the said accident. Sahu 5. 3. The claimants i.e. unfortunate widow of deceased and minor child preferred an application before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 15,80,000/- for the death of deceased in the said accident. 4. On the basis of abovementioned facts and cireumstances of the case, the Tribunal held contributory negligence of the driver of the motorcycle as well as the driver of Mahindra Pickup Van as he was also driving the vehicle rashly and negligently. The deceased who was driving the motorcycle was also held negligent due to the reason that he had consumed Alcohol and in Ws stomach 300 ml. of Alcohol was found. However, in driving the motorcycle, it cannot be said that due to consumption of Alcohol he was driving the vehicle rashly and negligently and was solely responsibte. A poltee case was also registered against the driver of the Pickup Van. Eye witnesses have also given the evidence about rash and negligent driving of the driver of Pickup Van. In view of above, we do not find and iltegality or impropriety in the impugned award given by the Tribuna!. The appeal has no force, the same deserves to be and is hereby dismissed. No order asto costs. Sd/- I-M.Quddusi Judge Sd/- N-K.AgarwaI Judge ! i'fWs l»:{:;]i;li