F."f^ \ 1;! DivisionBencll 1N THE HXGH COURT OF CHHATTISGARH AT BILASPUR Mise. Appeal No 3^^ 72003. APPELL&NTS CaAIM&NTS ^Cl) Narayan Swami Nishad S/o Late Jagannath, aged 21 years, Caste-Ket'at, resj-dent of Irrigat.ion Departroent Colony Konta, Distt .Dantewada (.2) Rambati VS/o Raju Sinha, aged 30 years, resident of Irrlga- tion Department Colony Konta Distt. Dantewada (C.S.). VER S U S RESPQMi-ENTS :X'D Pramod Kumar Sharma / S/o RamAwatarSharma. aged 36 years, resident of Nakapara Doranapal, Tah. Konta, Distt. Dantewada (C.G.) (. VEHIGLE W.1VBS., Vehicle No. 608, MP 23 0/3807). -^'^%^&<^g' ^^^'•' A»' p2') Omprakash Gandhi- . S/o Jethamal Gandhi, aged 25 years, Cloth Mer'chant. • resident of Doranapal, Tah. Konta,' Oistt. Dantewada (C.G.) .( VSHICLE OtiNER) . 0/'(3) Tne New India Insurance Co. '' Through : • BranchManager, Jaypur Road, Jagdalpur (C.G .} Clnsurance"G6mpany"of'the said Vehicle). MISCELL&NEOUS APPEAL UNDER SECTION 173 OF .THE MOTOR VEHICI.E-AGT s - : - ' : 1. valuation before 'Claim Tribunal Rs 9,66,000/- 2 . CXaim awarded by Tribunai - Claim reject^d. 3. Va'luation before.Hon'ble Court— Rs 9?1S6,000/- 4 . Court B®e - te i5/-^ t, ^ HIGH COURT OF (MlHATriSGARM : BILASPUR M. A.Nb: 351 of 2003 Appellants Na.rayan Swami Nishadfis another Versus ' ' Respondents , Pramod Kumar Sharina & others APPEAL UNDER SECTION 173 OF THE MOTORVEHICLES ACT. 1988 DB: Hoh'ble Shri I. M. Quddusi & HoiAleShrijusticeN.K.AgaTwal.-JJ Shri RahulMisfara, Advoeaee for the appellants. Shri Anand Gupta, Advocate for thefespondentNo. 3. ORDERrOraI) ( Passed onthis 11th dayofNovember. 2010) . Per I. M. Quddusi, J. ' Heard. • This appeal has been filed by the appellants/claimants against the impugnedawarddated; 15.1.2003, passedtiytheMotorAceident Claims Tribunal, Basfer, Jagdalpur in Claim Case No. 4,I2/20Q1, disnaissing theclaim ofthe appellants. | The, brief laets, in ^nufshell,'are /thaf the claimants being elder brotherand eldersisfer^(desei d)fileda claim case underSection. 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 9,66,000/- under various heads, on the grdund that they.were dependent on their youriger brother Suresh Kumar Nishad, who died in an accideht on 10.5.2001. According tQ the claim petition the deceased was working iii a dhaba (hotel) and getting Rs, 225Q/- p.m. On the fateful day at about 3.30,when he was going on hiscycle,due tc) the rash and negligent dnving of the non-applicant No. t titie vehicle -Tata 608, bearing registratiori Nd. M.P. 23 D/3807, hit the deceased, as a resuh of which he receiyed gnevousinjuries and during the treatmerit lie died. We have'heard leamed oounsel appearing fbr the appellant anff leamed counsel appearing fbr the respondenf N!Q. 3, and- perused the iQwerCourtrecords. . The M.A.jg,,T.' has^ismissed Ihte claim pefition ori ttae ground that the claimarit& llaye failed lo. adduce eviderice iri regard to: their 5. 7. 8. 9. dependency as well as in regard to the rash and negligent driving of the driver of the offending vehicle. It is apparent that the Tribunal has dismissed the claim in a hurried manner, without affording proper opportunity to the claimants to adduce evidence. In view of the above, we allow this appeal in part, set aside the impugned award dated 15.1.2003 and remit the matter to the M.A.C.T. concemed to consider and decide the claim petition afresh. The Tribunal shall provide opportunity to the parties to adduce additional evidence or amend the pleadings or file the documents. It is expected that the Tribunal would expedite the hearing and decide the claim pedtion, as indicated above, within a reasonable period. Accordingly, the appeal is allowed in part to the above extent. No order as to costs. The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith. The parties shall appear before the Tribunal on 7tfa December, 2010. -- Sd/- I.M. Quddiisi Judge Tbakur Sd/- N.K-Agrawai Judge