Cwi/fL@ ® 1N THE HIGH COURT or CHHATTISGARH AT BILAsPUR (CG; M.A. No. g ¢ 3: OF 2004 APPELLANTS _1 l h Rg Rg . givist'm Bench . Smt. Laxmi Kumbhkar, aged abo 4O yrs. ‘W/o. Late Rangopa Kumbhkar Asish Kumbhkar, aged about 18 years, S/o. Late amopal Kumbhkar. Lukesh Kumbhkar, aged about 10 years, S/o. Late amopal Kumbhkar. Ku Damini Kumbhkar, about e16 years, D/o. Le Ramgopal Kumbhkar. Ku. Diva Kumbhkar, aged about 14 years, D/o. Late Shri Ramgopal Kurnbhkar. A1 belonga to Kumbhkar cate, R/o. Hal Mukam Q.No. 300, Sector 3(A) Baleo, Distt. Korba (C.G.) App w‘ s, u 4r +Mw /[A_Mew gayw‘ Ku W [cl/Joy J agh Singh Rajput, aged bout 37 years, S_/o. Mansigh Rajput, R/ o. Ramesh Sharma gali, Korba, D S ub C 7 tt Shas handra Sharma, /o. O.P.Sharma, R/o. Plot NO.2, T.P.Nagar, Korba, Dis. Korba (C.G.). (Owner of Truck) The Oriental Insurance ompany Ltd., Korba, Distt. Koa (c.G.) " ‘ (insurance Company of Truck} PrWMia§ “actuad 12/3 99 $°‘ uUWLH, ut aged at y A wm 1 s Lu a n Distt. Korba (C.G.). (river of Truck) C rb x @1 HIGH COURT OF CHHATTISGARH AT BILASPUR M.A~ No. 207/2004 APPELLANTS Smt. ‘ Laxmi Kumbhkar and others Versus RESPONDENTS Laghu Singh Rajpur and others M.A. N0. 208/2004 APPELLANTS Smt. Saroj Kumbhakar and others Versus RESPONDENTS Laghu Singh Rajpur and others D§:- HON’BLE SHRI LM. QUDDUSI 8a liQN’BLE SHRI N.K. AGARWAL, JJ PRESENT :- Shri Devendra Patel, Advocate for the appellants; Shri Ghanshyam Patel, Adv. for the respondent No. 3. ORAL ORDER (7—9—2010) Egr LM. QUDDUSI M.A. No. 207/2004 and M.A. No. 208/2004 are being disposed of y this common orde'r as both the appeals arise out of the same b accident. .A. No. 207/2004 and M.A. No. 208/2004 have been filed by the appellants/claimants against the award dated 25—1 1—2003 passed by the Illrd Additional Motor Accident Claims Tribunal (FTC), Korba in Claim case No. 125/2002 and Claim Case No. 127/2002 respectively whereby the Tribunal has dismissed the claim petition. (l. Brief facts of the case are that on 13—4—20-02 Ramgopal along with his younger brother Shivgopal was going on his motorcycle bearing registration No. M.P. 57 B/O899 from Village Bamhani Dond to Balco. The driver of the truck bearing registration No. CG 12 Z C/ 0446 near Madvarani stopped the truck all of a sudden on way as a result of which, their motorcycle dashed the truck. Ramgopal and Shivgopal, both the brothers died due to the injuries sustained in the accident. Their legal representatives filed tWo separate claim petitions claiming Rs. 25,00,000/— and l M \ '20,00,000/— respectivcly as compensation for their death in the said accident. A perusal of the impugned award dated 25-1 1-2003 shows that it has also not been mentioned in the award as to whether the claimants are entitled to get compensation under no fault liability. Chapter X of the Act provides for liability Without fault. Section 140 of the Act further provides for liability to pay compensation in certain cases on the principle of no fault. Section 140(4) of the Act reads as under: “A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum .«of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement.” Considering the facts and circumstances of the case as discussed above, we are of the opinion that the matter requires econsideration at the end of Tribunal. Therefore, we set aside the impugned award dated 25—1 1-2003 and remit the matter back to the Tribunal for fresh decision. The Claim petitions shall be restored to their original numbers and it shall be decided in the light of the observations made above. The Tribunal shall afford opportunity to both-the parties to adduce evidence and argue their case. The Tribunal shall decide the matter as early as expeditiously as possible. The records of the Claims Tribunal shall be sent back forthwith. The parties shall appear before the Tribunal along-with copy of this order On 4- 10-2010. r Accordingly, the appeal is allowed in part. No order as to costs. Sdl- l l.M.Quddusi Sd/- N.K.AGARWAL Judge Judge