Ayp/l Divisioa Bench IN TEE PEGH COURT OVF JUDICATURE AT BILASPUR (CG) Mlsc.ApPEAL Noa g3? OF 2005 ( Memorandum of MiscaAppeal U/s 173 of M.V. Act ) APPELLANTS 1.. Ra) Kumar O Bhanu Pra¢ac1 Darshan, / / s/o Babu Lal Darsnan, aged 32 1 :w years b ‘y hm 5 ". ¢ ; g» smt. Prltl Lata N/o Raj Kumar Jgma is /~ v Darshan, aged 2'7 yearso ‘I ‘ DJ \ ®f \o Botn resident af Village Junwani, L i " P.S. Chakradhar Nagar, Tahsil and ' Bistrict Raigarh (CG). VerSLlS Kaushal A rawa‘ $/o Eopal Agrawal aged 20 years, occuoQtlon businesso 2,. Gopa‘ Agrawal s/o Late Tekchand V A rawal, aged 42 yuars, occupawon bu¢1n§ss a Both resident of sadar Bazar, Raig’arh, Tahsil ancl District f Raigarh (CG). MEMORANDUM OF MISC. QPP‘EAL UNDER SECTIGN 173 OF E'EQ‘EOR VEHICLE ACT w/. Iii"? W 1 g Wi ‘ 63 HIGH COURT OF CHHATTISGARH AT BILASPUR DMSION BENCH: HON’BLE MR. I.M.QUDDUSI & HON’BLE MR.NAWAL KISHORE AGARWAL JJ. M.A.No.837l2005 Raj Kumat @ Bhanu & another Vs Respondents Kaushal Agrawa! & another Present: Mr. V. Pradhan, Advomte for me appellants. ’ ORDER Oral (2 December,2010) l.M. Quddusi, J; m 1. Heard. 2. The appellant-claimants have filed his appeal under Secljon 173 of the Motor Vehicles Act. 1988 against the award dated 13.04.2005 passed by the leamed 1" Additional Motor Accident Claims Tribunal, Raigarh (for brevity ‘the claims tribunal‘) in Claim Case No.03/03 dismissing their claim petition. 3. Brief facts of the case are that the appellnts herein have med a claim petition before the claims tribunal seeking compensation to me tune of Rs.36,000/- on account of injuries sustained by them in an accident which took place on 12.8.1998 at about 8.30 p.m. when motorcycle of the appellants, who were returning to their house, has met with an accident near Nehru Garden due to rash and negligent driving of the driver of the offending motorcycle. 4. The claims tribunal. after considering the material available on record vide impugned award dismissed the claim petition of the appellants. 5. We have heard leamed counsel for the parties and perused the record of the claims tribunal. From perusal of the records of the case, it is evident that the tribunal. after considering each and every aspect of the matter in great detail has reached to the conclusion that drivers of both the motorcycle were responsible for the accident and therefore they are not entitled to receive any compensation against each other. Therefore, we are of the opinion that the tribunal has not committed any illegality or irregularity in passing the irripugned award dismissin the claim petition of the appellanb. 7. In the result, there is no substance in the, instant appeal, the same deserves to be and is hereby dismissed. No order as to costs. reJ S d/- \ N.K. AGARWAL Judge \ ‘ Sdl- .. l-M-Quddusi ‘ Judgg Roshan/- ?it} . [