HIGH COURT OF CHHATTISGARH. BILA8PUR DB: HON*BLB I.M. QUDDU8I & HON*BLE N. K. AGRAWAL, JJ MISC. APPEAL (C 1 No. 722 OF 2009 Vs. APPBLLANT IFFCO Tokio General Insurance Company Ltd., fhrough fhe Branch Maaager, Iffco Tokio General Insurance Co. Ltd., 3rd Floor 345- 347, Lalganga Shopping Mal, G,E, Road, Raipur (C.G). RESPONDENT8 1 Sxnt, Neeta Khanday, W/o Late Durga Prasad Khanday, aged about 25 years 2 Viaod Khaaday S/o Late Durga Prasad Khanday, aged about 20 years 3 Ku, Sumaa Khaaday, D/o Late Durga Prasad Khaaday, aged about 15 years 4 Kishorc Kr. Khanday, s/o Late Durga Prasad Khaaday, aged about 9 years 5. Ku. Kiran Khanday, D/o Late Durga Prasad Khanday, aged about 9 years, 6. Amit Kr. Khaaday, s/o Late Diirga Prasad Khaiiday, Aged about 5 years, Claimants 3 to 6 are minors, represented fhrough Guardiaa Mofher Neeta Khaaday. •<» 7. Smt. Kachra Bai W/o Late Khulasi Ram Khaaday, Aged about 55 years, r/o viUage Baghelkapa, Post Bija, PoUce Station aiid Tahsil Thakatpur, Distt. BUaspiir (C.G). 8. Dharam. Lal Kaushik, s/o Gore Lal Kaushik, Aged about 32 years, Resident of Vill^e Ganyari (Bus Stand), PoUce Station Kota, Tahsil Takhatpiu", District Bilaspur (C.G). (Owner & Driver of fhe offendiag Vehicle) ^r' APPBARANCE: Mr. Yashwaat Siagh Thakur, counsel for fhe appeUaat. None for fhe respondents, fhough served. Pef I.M. OUDDUSI. J ORDBR (ORALl (18.10.2010) 1. List is being revised. When fhe case is agam catled out, no one is present for fhe respondents. However, learaed counsel for the appeUant is present aad he is heard at lengfh. 2. This appeal has been filed by fhe Insuraace Coinpaay agauist fhe impugned award dated 28.01.2009 passed by fhe Learaed Motor Accident Clalms Tribunal, Bilaspur, ia Claiai Case No.20/2008. The Tribunal has held that the non- appMcaats are jointly and severaUy responsible for payxnent ofRs.8,12,856/-. 3o The brieffacts offhe case as per fhe version offhe claunaats are fhat on 28.5.2007, Durga Prasad Khaaday (deceased) alongwith his famity was coming ia aii Auto-Rickshaw bearing Regn.No. C.G.10/T-0408 owned by respondent no.8 from viUage Baghelpara to Pendari. Respondent no.8 was driviag the Auto rashly aad negligently near Bharai aad at fhat time when he tried to overtake aaother auto, it juinped iato a pit on the side ofthe road and Durga Prasad suddeiily feU down on fhe road as a rcsult of which, he rcceived grievous iajuiy aad became unconscious. He was adiuiitted ia CIMS Hospital, Bilaspur where C.T. Scaa was done and for better treataiieut, he was referred to Medical CoUege ^^'":':^ ^;\ ^JJ N?^y Hospital, Raipur where he died on 31.05,2007 duruig the course of ta^eatment. 4. At fhis stage, learaed counsel for fhe appellant has made prayer that fhe appeUaat waats to get fhe RTA examiaed. We fhiak it appropriate that the same should be done by fhe Tribunal as no one is appearing on behatfofthe respondents to oppose fhis prayer. 5. The Tribunal has also not franied proper issues to the effect fhat as to whefher ffcie vehicle ia question was a public service vehicle or not and whefher it was beiag used for private purpose or coininercial pnrpose. 6. Therefore, we allow this appeal ia part, set aside fhe impugned award dated 28.01.2009 and rerait fhe inatter back to the Tribunal for fresh disposal at its level. Notice shaU be issued to fhe pardes conceraed and ffctey shall be provided opportunity to adduce additional evidence, if aay, aad fhereafter fhe claim petition shaU be decided a&iesh. The records of fbe Tribunal shall be sent back forthwifli. 7, The amount already deposited by the appeUaat shaU not be refunded aad fhe sacae shall be subject to fhe decision of the claim petition. Sd/- LM.Quddusi Judge Sd/- N.K.Agrawal Judge RW)