\'-.^^^ c^^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR(CHHATTISGARH) MISCELLAE^EOUS APPfiAL N0, S'5'^ OF 2003 Ag.PELLANTS ^LAlMANTS" f s ^l^ Jageshwari Bai, widow of Jivijon Lal Patel, aged aboat 32 years^ 2< (Minor) Ran-ikamar^son of Jiwan^al aged about 12 yQars o t -3e (Minor) Laxman ,son ,of Ji^-an Ijal, . ^ aged aboat 10 yearse. i , 1 ^ ^f ^^ ^"w' .^7 .^'^y \y ^" 4o (Minor). sunita,daught^r,of . Jlwan Lal» aged about ,8 ye ars» (Minor) panita^daughter ,of t7±&vaolait.. aged about 5 years<» 6* Chhattarram Patel, spn of Mangla, Gotia^ aged about 60 ye ars» 7» Phul Kum-var,^ife of Chhatfcarram Patel, aged 56 yearso All residents of Viillage-pakaria» Tehsil-Kartala^District-Korba, (Chhsttisgarh). b '^ RESgGNDENTS V E R S U S r 1, urmlla singh^ 1wl.fe of Gopal singh.„ aged about 40 years* R|o'H'T'G). (2.S, t^Qh<Wir\q pr<ih34)N<y^, KJ&^^ C<L><S»j 2o New India Insarance CompaJQy^ . .."7 Dlvisional ,Gf£ice,T<ranspQrt,Nagar», Korba»(C^G<) JS< sushil Kumar.Agrawal,.son of Kishan Agra^al^behj.nd.Bolic^ Sfcation Agroha BhawanJ<orba, -(C,G») : 4. ^" /' Unlted Insurance Compaoy Ltd< Divisional Offlce, Transport Nagar^Ko^ba, District Korba,(C<G<.) <, MBMOjRANDUM OF MISCEI.LMTBOUS MiPBAL UMDER SECTION ^\^' 173 OF MOTOR VEHICLE ACT,1988»1 t ^ »« ^-« ft 9- "T" M H!GH COURT OF CHHATTiSGARH AT BiLASPUR APPELLANTS CLAiMANTS RESPONDENTS IVI.A. No. 558 of 2003 Jageshwari Bai & Others. VERSUS Urmila Singh & Others. 'Y ^. Memorandum of MisceIJaneous Appeai Under Sectlon 173 Motor Vehlcle Act, 1988 DB: Hon'ble Shri Satish K. Aanihotri & Hon'bie Shri Prashant Kumar Mishra JJ. Present: Shri Sunii Sahu, Advocate for the appeilants. Shri A.V.Shridhar, Advocate for the respondent No.1. Shri Raj Awasthi, Advocate forthe respondent No. 2. Shri H.B.Agrawai, Senior Advocate wlth iVIs. itu Rani iVlukherjee, Advocate for the respondent No. 4. ORDER^CORAU (Passed on 07th day of January, 2010) Per Satlsh K. Agnlhotri, J. Heard. This appea! arises from the award dated 02.04.2003 passed by the Additional Motor Accident Claims Trsbunai, Korba, in Claim Case No. 9/2000. 1. 2. The case of the appellants/dajmants is that on 31.12.1996, a Trailer bearing registration No. MP-26-D/5062 was standing on the mld of the road near village Dhulena at Champa Korba road without parking ilghts on or putting any other indication about the parking of the vehicJe on the mid road. The deceased, Jlwan Lai Patei, who is the husband of the appeliant No. 1, father of appellant No. 2 to 5 and son of appellant No. 6 and 7, was driving the Truck bearing regjstration No. MP-26-D/1566, hlt the traiier standing on the mid road. Jiwan Lai sustained injuries and as a sequei to the accident, succurnbed to the injuries after four days of theaccident. 3. On hearing learned counsel appearing for the partles and perusal of records produced before us, it appears that the learned Tribunal has not considered the claim of the daimants against owner and insurance company of the Traiter standing on the mid road which according to the appeiiants/ daimants has not dispiayed anything to indicate the position of the Traiier and to avold such type of accident which took piace eariy in the morning. 4. Without going into the merits of the case, we set aside the impugned award dated 2.4.2003 and remand the matter back to the Tribunal for consldering the case of the appeilants/ciaimants afresh against the owner of the Traiier bearing registration No. MP-26-D/5062, its insurance company alongwith the owner of the Truck bearing registration No, MP-26-D/1566 and its insurance cornpany. The iearned Tribunai may thereafter pass appropriate orders accordingly on its own merits and in accordance with the Jaw. ^ 5. The observations, if any, made hereinabove, shail not be construed as our opinion on merit. 6. The appeai is aiiowed to the above extent, No order asto costs. 7. The Registry is dlrected to send back the papers, requisitloned from the Tribunai, forthv^lth. Sd/- Satish K. Agnihotri Judge Sd/- Prashant Kumar Mishra Judge Amlt