o r\; OWision Bench ,.- ^ BEFORE THE NOURABLE HIGH COURT OF JUDICATURE FOR CHHATTISGARH AT BILASPUR M.A.NO. Cl.^ /2004 APPELLANT XPPLICANT / Bhadru, son of Late Boti, Caste- Bhatra, aged about 40 years, R/o. Thothapara Tokapal, District Bastar (Chhattisgarh) VERSUS RESPONDENTS 1. NON-APPLICANTS T Kesh Kumar, son of Ramlal, caste-Gond, aged about 43 years, resident of village Pandripani, P.S. Parpa, Frajerpur, Distt. Bastar (CG) (DRIVERl ^. ^y .'>!K.<^.-' ^}yj^"k>< ^/^ ^%7 Tarun Vishwas, son of M.N. Viswas, caste-Bengali, aged about 25 years, resident of Rautpara, Jagdalpur, Distt. Bastar (CG) (OWNER OF COMMANDER JEEP N0. MP25/0082 y..s" .^"^' ^•^J> y 3. n The Oriental Insurance company Ltd, r/ ^Main Road, Sadar Bazar, Jagdalpur (CG) (INSURER OF THE VEHICLEl A. ^ Chanchal Singh, son of Shri Arjun Singh, resident of Ganganagar Ward, Jagdalpur, Bastar (Chhattisgarh) MISCELLANEQUSAPPEAL UifDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 AMOUNT CLAIMED IN CLAIM CASE AMOUNT AWARDED RS. 9,60,000/- RS. NIL x^" AMOUNT CLAIMED IN PRESENT APPEAL RS. 9,60,000/- ^ Being aggrieved with the order with ^' dismissal of claim award in Claini Case No. 40/2002, g^—.—;--——-=-=---=-=--=— —.^- <~-._. •v— H!GH COURT OF CHHATTISGARH AT B1LASPUR J^.A.No.ei5of2004 APPELLANT APPUCANT RESPONDENTS NON'APPUCANTS Bhadru Versus Kesh Kumar and others. MSSCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHSCLES ACT, 1988. DB:- HON'BLE SHR! J.M. QUDDUSJ& HON'BLE SHRI N.K. AGARWAL. JJ. PRESENT: Shri R.N. Jha, counse! forthe appdlant. ORAL ORDER ( Passed on 28th ofOcSober, 2010) Per J.IW. Quddusi. J^ This appeaJ has been lited bythe appei!ant''ciaimant against ths 24-02-2004 passed by the Motor Accident CIaims Tribuna!, Bastar at Jagdaipur (for short 'the Tribunal') in Ciaim Case No. 40/2002, djsmlssing the ciaim ofthe appeljanfc/clajmant. 2. Brief facts of the case according to the appejlant are that on 31 - 08-2001, Boti, of the .(since- deceased) while going towards early In the inorning at 4-00 A.M. dashed by Jeep Comrnander beariog registratlon No. M.P. 25/0082 due to and negligent driving of the driver of the Jeep as a result of which Boti succumbed to the jnjuries-sustalned in the said accident. 3. The ciaimant has fited an applteation undsr Section 166 of the Motor Vehicies Act, (for short 'the Act') before the Tribunal concerned cjajming compensation of Rs.9,60,000/- for the death of the deceased in the said accldent. 4. We have perused the award Impugned and records of the TribunaS and aiso findjngs ofthe Tribunal given in the award, we found that the FIR was lodged stating that the accident had taRen place with unknown vehicie which had hit the deceased and ran away. Therefore, in the circumstances and a!so iooking to the findings glven by ths Tribunai, it cannot be said that the same are perverse. No interference is required in the matter by this Court. The appeal fails and is dismissed. 5. However, the claimant i's granted iiberty to move an application under Sectlon 161 of the Act for claiming compensation whlch provldes for compensatjons in 'Hit & run' cases'. 6. No order as to costs. Sd/- I.M. Quddusi Judge Sd/- N.K. Agrawal Judge ^ Kvr