c'l- IN THE HIGH COURT OFLJUDICATURE CHHATTISGARH AT BILASPUR M. A. (C) No. 1 3 ^ / /2009 r,n c APPELLANT [NON-APPLICANT N0.3\ The New India Assurance Corapany Limited, Jagdalpur Through: Divisional Manager, Bilaspur, <.p ,/ VERSUS RESPONDENT [APPLICANTS! ^^ ^^ ^®-""-. s.vft "'. ^?' "Jf&'*1*' -..>••"" ,&»*••" .^ Sonu Patwa S/o. Lalu Patwa, Aged about 25 years, R/o. Linepara, Sukma,P.S. Sukma Dist.- Dantewad (C.G.) Sandeep Upadhyaya S/o Indramani Upadhyaya, Aged 22 years, R/o. Hatkachora, Jagdalpur (C.G.) [Driver of the vehicle] Shankar Lal Pujari, S/o Mayaram Pujnari, aged about 45 years,R/o. Rajendra Nagar, Marg, Jagdalpur, (C..£r.) [Owner of the vehicle] APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT,^988 Ainount claiined before tribunal Amount awarded by Tribunal Appeal valued at Rs. : 7,30,000/- Rs. : 3,51,120/- Rs. : 3,51,120/- .,^?3~''a:;^."'^ v^^,, "'^ ; .^' '^- /^? ,<? HI6H COURT W CHHATTIS6ARH AT BILA^L® CiiyiSION BENCH: HON'BLE m. I.M.OUD&USI & HON-BLE MR.6ULAM MINHAJUD&IN. JJ Affliellant Respondents tt.A. ra No.1391/2009 The New India Assurance Compony Limited Vs Sonu Patwu & olhera Present; Mr. Bulbul Agcu-wal, Advocate for the appeltont. OR&ER (OraR (15* Juty. 2011) I.M. Quddusi. J; 1. The matter has been called-out •thrice, but none appeared on behaif of the respondents ond therefore we proceededex-parte against them. 2. This appeat has been fited by the appelkint-Insurance Company against the uward dated 30.06.2009 passed by the ieamed Additional AAotor Accklent Claims Tribunal, Dantewada (for short- the Claims Tribunaf) in Cteim Coee No.87/08. 3. Facts of the case, in brief, are that on 12.11.2009 -the ctaimont, after purchasing 9oods from Bakela Market, was retumin9 to Sukma on his moped Hero Puch beou'ing registrotion number C6t7-B-0696. When he reached near Nimbupadar, a jeep bearing registration number C617-J-0178, coming from opposite direction in high speed, dashed moped of the clainwnt as a result of which "he was thrown away. Ih the said accident. the ckiimant sustained injuries on his wrist bone, thigh bone of right leg ond a fracture below the knee. Looking to critical condition of the cfaiimant, he was admitted in br. C. Ramchondra Nursing 1-lome, Kotta9udam where he remained admitted up to 26.11.2009. Due to injuries sustained by the claimant in the aaid accident, he cannot walk without crutches and thus, he became permanently disabted. The injured-claimant had filed claim opptication seeking compensation to the tune . of Rs.7,30.(X)0/- for the permanent disabilit/ sustained by him in the said accident. •^'"^v^ 4. TTie Claims Tribunal, after considering the issues frcuned by it, <uw»rded a sum of te.3,51,120/- as compensotion to the injured-claimant and fastened liability on appellant-Insurance Company to pay theamount of compensation. 5. We have heard learned counsel for the appellont. We have also perused the records of the Claims Tribunal. 6. Perusal of the record dnows that though in The written statement a ptea was taken that there was negligence on the part of the claimont, but no issue regarding contpibutory negligence has been framed by the Clnims Tribunal. Further, the Gtdims Tribunal has not considered functional disablement with reference to permcnent disabilit/ sustained by the injured as the loss of eaming copacity is not a substilute for j»rcentcge of the permanent disability. Therefore, we are of the opinion -that the matter requires reconsideration at the end of •the Claims Tribunat. 7. Accordingly, we partly allow •this appeal, set aside Ihe impugned awoa'd and remit the matt'er back to the Claims Tribunal fw taking decision afresh in light of the observations made in this order Le. regarding functionaJ disablement and contributory negligence. The Ctaims Tribunal shall conduct an enquiry to find-out future loss of earning of the claiinont with reference to permanent disability. 8. Needless to mention •that the Ctaims Tribunal shall provide opportunity to the part-ies to adduce further evidence. if ony, cmd amend the pleadings or to* fite documents or verify -riie documents already filed. Whatever amount has be») deposited by the appellont-Insurance Company shall be kept in a fixed deposit scheme of a nationalized bonk for a period of six months extenctable from time to time. Hewever, if fhe amount so deposited op-any part of it has been paid to the claimant, the same shatl not be recovered durin9 the pendency of the claim petition. 9. The parties are directed to appear before the Ckiims Tribunal concerned on 18 Atiaust. 2011. The ftegistry rs directed to transmit record of the Ctaims Tribunal concemed without further detay. No order as to costs. 10. Certifie^copy asfierj'utes. Sd/- DR. I.M.Quddusi Judge Sd/- G. Minhajuddin Judge kcs^^t' >^