\^ r- I, /^' IN THE HIGH COtBT OF CHHATTISS^H JUDKATURE AT BILASPIB M<A.Mo< ^A-^_72CD3 APPELLANTS APPLICANTS ../•^^••" .<^?>>' •y^" •;^ RgSPONDENTS ^ON APPL^ANTS / ^tf^C^ ^l) Subhit bai wd^©Jlamji Satna®i>aged 50 yrs< [:2) Suruj bai wd/o Khilawan Satnami, aged 24 yrs. (3,) Raja S/o Khilawan Sa-fenami aged 7 JTS. miraor, throiagh guardian raofher Surujbai wd/o Khilawan Satncgal» aged 24 yrs< (4) Kta< Asha D/o Khilawan Satiiami aged 4 yrs, raiiiQr throi^h guardian raother Surujbai wd/o Khila^ran Satnami» aged 24. yrso All resident of village wgrd No.15 Behl.nd Krishi Upaj Mandx, Kawardhaj _ * Districl/- Kawardha (C.G.) VSISUS <^rIhe New Iradia Inssurance canpany limiied^ Thrbiagh- Branch Manager Rajendra NaQdr Chcwk, Link road, Bilaspm" ) Gajanand ^aUas Gajanan Shirma S/oBamsharan Sfearraa* aged 80 yrs< R/o Torwa, negr pcwer house- Bilaspur, Distt* Bilaspar (C .G ,) MB%CBANDIM OF_APPEAL UNDSt SECTIDN 173 OF M)im V5133CLE X;T 1988_ Claim value- 6,50,000/- ^rarded- -> CCT-^ Fee P^c( Nil^h -•••••^•i'^ Ea£S2S^^(.^^^:.^^»te^^^^ w,w^>SSis3{^^iei9ess^^e k^ HIGH COURT OF CHHATTIS6ARH AT BILASPUR MISC. APPEAL No. 385 OF 2003 APPELLANTS RESPONDENTS Subhit Bal and others. Versus The New India Insurance Company Umited and another. APPEAL U/S 173 OF THE MOTORVEHICLE ACT. 1988 (DB: Hon'bteShril.M.Quddusi & Hon'ble Shri N.K. Aaarwal. JJ.1 Present : Shri Sudhir Verma, counsel forthe appellants. Shri Shrikumar Agrawal, Senior Advocate with Shri Anand Kumar Gupta, counsel for the respondent No.1. ORAL ORDER (Passed on 16th day of September, 2010) Per I.M. Kuddusi. J. The instant appeal has been preferred by the appellants against the impugned award dated 07-03-2003 passed by Addjtional Motor Accident Cjaims Tribunal, Bemetara, Distt. Durg (for short 'the Tribunal') in Claim Case No.39/2002 dismissing the claim petition. 2. Brief facts of the case accordjng to appeUant are that, on 04-05-2002, Khilawan Satnami (since deceased) while retuming from Khamharia, by-driving the vehicle Tata 407 bearing registration No. C.G. 10 ZB/0362 (Old No. MP 23 GA/2837), near Navgaon when giving side to the vehicle coming from the opposite direction, he lost his control ofthe vehicle, asa result of which the sajd vehicle turned turtle. Deceased Khilawan Satnami succumbed to the injuries sustained by him in the said accident. 3. The claimants unfortunate Mother, widow and minor children of the deceased preferred claim petition before the Tribunal concerned, under Section 166 of the Motor Vehjdes ^:^..—.— - •-, h* Act, claiming compensation to the tune of Rs. 10,85,000/- for the death ofthe deceased in the said accident. 4. We have heard the learned counsel for the parties and also perused the records ofthe Tribunal. 5. The Tribunal, on a close scrutiny of the evidence led, material placed and submissions made, dismissed the claim petition filed by the claimants. It appears that Tribunal concemed While dismjsslng the claim petition, has not considered the question of grant of compensation for no fault liability. 6. In view of the above, we are of the opinton that it is a fit case to remand the matter. Since we are remanding the matter to the Tribunal concerned, we deem it proper to give an opportunity to the appetlants to amend the claim p^ition as desired by them to convert the same under Section 163-A of the MotorVehtelesAct,1988. 7. For the foregoing reasons, we allow the appeal in part and by setting aside the impugned award, the matter js remitted back to the Tribunal concemed, with a dlrection to restore the clajm petition to its original number. The Tribunal shall also allow the claimants to amend the claim petition and to give an opportunity to the parties concemed toadduce the further evidence, if any, if they so desire and decide the claim petition afresh as eariy as possible, preferably Within a period of sjx months from the date of appearance. 8. Parties shall appear before the Tribunal concemed, on 05-10-2010. .c' Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge Kvr ^