-^- IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) M. A. fC) N0j1^4 OF 2009 ^- ^^ APPELLANTS NON-APPLICANTS ,.^?^4^~ ^ ••®:^.^i"" ".-\^" •)>- RESPONDENTS CLAIMANTS 1. 2. 3. 3. 4. iWSlOi Ramadheen Rajwar Son of Late Chainsai Rajwar, aged about 50 years; Ramnath Rajwar Son of Late Chainsai Rajwar, aged about 45 years; Both are Cultivators and resident of Village Rakeya, Tahsil Baikunthpur, DistrictKoriya (C.G.). Vijay Singh Son of Late Shri Thakur Prasad Singh, aged about 29 years, Occupation Driver, Resident of Village Bade Jhumarpara Patna, Tahsil Baikunthpur, District Koriya (C.G.). VERSUS Smt. Krishna Kumari Widow of Late Shri Omprakash, aged about 28 years, Occupation Housewife; Kumari Jyoti D/o Late .-Shri Omprakash, aged'about 10 years; Anil Kumar Son of Late Shri Omprakash, aged about 09 years; Sunil Kumar Son of Late Shri Omprakash, aged about 07 years; S) Respondent No. 2 to 4 are minors, through their natural guardian Mother Smt. Krishna Kumari and all are resident of Village Kochila, Tahsil Baikunthpur, District Koriya (C.G.). Branch Manager, The Oriental Insurance Company Limited, Branch Office Ambikapur, District Surguja (C.G.). (Insurer) Bhagirathi Son of Shri Devman Kenwat, aged about 60 years, Resident of Village Kochila, District Koriya (C.G.). MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT.1988 •"""y-. H ON'BL E MR. NAWAL KIS HORE^ASA 1 11 .A.fC'l No.1354/2009 iyOfi~50QE!C3HtS :s Vs Ramadheen & 2 others Smt. Krishna Kumari & others F'la! ETtant<? Mr. A.K. Shukla, Advocate with Mr. Aatanu Ghosh, Advocate the appe!!ants, Mr. D.N. Prajapati, Advocate for the respondents Nos. 1 to 4. Mr. P. Dutta, Advocate for respondent No.5. ror fa£tl* f^^i-^K^r- '3n'?n^ ^ W •»>^'^al/B^^-BJ d;n1Ut*'«Jf fv 2. This appeal has been filed against the award 14.01.2009 passed in Ciaim Case No.04/2007 passed by the learned Motor Accident Claims Tribunal, Koriya (Baikunthpur), (CG) (for short 'the tribunal') aliowing the claim petition of respondent No.l to 4/claimants. 3. This appeat has been preferred by the owner & driver of the tractor & trolley bearinq reqistration number CG16-A-0196 & CG16-A-0197. 4. Facts of the case, as proiected in Para-3 of the impuqned aw'ard, are that on 05.2.2003 the deceased Omprakash, who -was husband & father of the ciaimants respectively, was qoinq alonq with his friend Fattelal towards'Tiwraqudi on the_ tractor & troliey bearinq reqistration number CG-16-A- 0196 & CG16-A-0197 resRectiveiy, Du-e to rash and negligsnt drivlng by the non-applicant No.l, deceased OmDrakash had fafien from the said tractor-trolley and the rear tyre of the said tractor & troiley ran over him and as a result of which he sustained qrievous ih.juries, He was taken to .the Patna Hospital, but he died. The appellants, who wer'e dependent on the deceased, have claimed compensation to th&tune of Rs.33,50,OOO/-. 'rtr-i SS'fS'^va 'r? as»-®~&i 'j ^ v^<^ ' '%,,..yL^i'' 2 5. The tribunal, after considering the issues framed by it, allowed the claim application of the claimants and awarded a compensation of Rs.3,54,500/- under various heads. 6. We have heard learned counsel for the parties and perused the impuqned award as also the record of the tribunal below. 7. From perusal of record it is evident that the claimants have fiied the claim petition on 14.2.2007, whereas the accident had taken'place on 5.2.2003. The first information report of the accident was lodged on the same day at about 9,00 p.m. by one Fattelai Sahu fAW-2) in which he had mentioned that when he was comina from Chindiya to Kochila, he saw that one person is lying in the middJe of the brldge and was crying. When he went near to him, he recognized him as deceased Omprakash and on being asked, the deceased told him that one unknown jeep had caused the accident, 8. The said Fatteial Sahu (PW-2} has also appeared in the witness box and had changed his statement and stated that on the fateful day, he and the deceased both were travelina in the tract'or of the apDellant No.l herein, which turned turt!e near VilJage Kochiia and due to which the deceased sustained numerous iniuries and succumbed to those injuries on the way of the hospital. Thus, there is major contradiction in the story expiained by the said Fattelal to the police and statement made by him before the claims tribunal, which has been relied upon by the ciaims tribuna!, Further, the result of the criminal case reqistered against the non-applicants concerned is also not known. 9. In the above circumstances, the tribuna! should have appreciated the evidence cautiousiy and should have arrived at a conclusion about the fact whether the accident had nfact taken place with tractor or unknown jeep and then only should have fixed the liability. Biit this has not been done and therefore, we are of the oplnjon, that the matter requrres reconsideratlon at the end of the claims tribunai. 10. Acco'rdingiy, we aiiow thls appeal, set aside the impugned award'dated 14.01.2009 passed in Claim Case No.4/2007 . and remit the. matter to the learned Motor Accident 11 12 13. Ciaims Tribunal, Korlya (Baikunthpur) (CG) for declding the same afresh. The ciaim petltion shall be restored to its originai number and shaii be decided afresh after affording opportunity to the parties to adduce additlonal evldence, if any, in support of their respective cases. It is made clear that whatever findlnas have been aiven in the impugned avvard shaii not be taken into consideration and without beina influenced by those findinas, the decision shali be taken by the tribunal independently. Neediess to mention that the trlbunai shall make an endeavor to conclude the proceedings as early as possible. preferably within a period of four months from the date of appearance of the parties. Slnce the parties are present before this Court, they are dlrected to appear before the tribunal concerned on 26.10.201A. The Reaistrv is directed to transmlt the record of the claims tribunai concerned without further delay. It Is also directed that the amount, which has already been deposited, shall not be dlsbursed to the claimants and shall be disbursed subject to the result of the claim ie1 Roshan/- Sd/- I.M.Quddussi Judge Sd/- F.K. Agrawal Judge