a^sasw^y^^w IN THE HIGH CCURT OP CHHXTTISGARH AT BXIASPUR, M ..A,NO.,^^..4...0F 2003Q|-v|I^Sn8©^ 'PELLANT CliAIMANT Hari Arjun, S/o» Narayan> 30 years» R/o^ vill, Dharampurano^l Teh» Jagdalpur» Distt^ Bastar< VE RS U S ,/ §£SPONDENTS NON-APPLICANT ^' Ko Sa-tya Rao> 9 S/o»K, Sanayasi^ Rao> 2^ Ishwar Rao @ Gopi» ..<"*^.^ s/o* s* Rao* <5>c^^p ^. .^?^-" 'y Both R/o» Chitrakote Road> Hikmipora? Jagdalpur» i--3^^The New India Insurance co.ltd^ through s Branch Manager^ Jagdali3ur» Distt^ Bastar^ MISCELLENEOUS APPEAL U/S.i.73 OF THE MOTOR VEHICLES ACT HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT RBSPONDENTS M.A. No.387/2003 Hari Arjun Versus K. Satya Rao and others DB:- HON»BLESHRI I.M. OUDDUSI & HON'BLE SHRI N.K. AGARWAL, JJ PRESENT:- Shri Prabhat Mishra, Advocate, for appellant. Shri Raj Awasthi, Advocate, for the respondent No. 3. <. O R AL ORDER (26-10-2010) Per I.M. Quddusi, J. 3. This appeal has been filed by the appellant/claimant against the award dated 6-2-2003 passed by the Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No. 236/99. Facts of the case in brief are that on 7-6-1999, the claimant was returning to Dharampur after attending monthly meeting in Govt. District Ayurvedic Hospital with salary of eraployees on his niotorcycle bearing registration No. MP 25-A/4783. At about 6.00 p.m. in Jagdalpur - Chitrakoot road, a truck bearing registration No. MBS 1699 being driven by respondent No. 2 in a rash and negligent manner,'dashed the motorcycle, as a result of which, his right thigh got fractured and he sustained grievous injuries on right hand besides other injuries. He sustained permanent disablement. He filed a claim petition under Section 166(1) of the Motor Vehicles Act, 1988 claiming Rs. 4,00,000/- as compensation for the injuries sustained in the accident. Learned Tribunal vide impugned award disniissed the claini petition. t, ^ ,.^^^^ Y>^ 4. We have perused the record of the Tribunal wherein a certificate issued by Medical Officer incharge is available as Ex. P-1 in proper formM.P.M.V.R. 76 (Comp. <B') under Rule 220(3) (i) of Madhya Pradesh Motor Vehicle Rules, 1994, adopted by State of Chhattisgarh, according to which, the claimant is permanently disabled to the extent of 55%. 5. The Tribunal has dismissed the claim petition giving some fmdings but it has failed to consider whether the claimant was entitled to get compensation under no fault liability under Section 140 (4) of theMotor Vehicles Act, 1988. 6. Further, Rule 226 of the M.P. Motor Vehicles Rules, 1994 provides that the Claims Tribunal shall obtain whatever information and documents which may be found necessary from the police, medical and other authorities and proceed to award the claim whether the parties who were given notice, appears or not, on the date fixed. 7. Under Section 168 of the Motor Vehicles Act, 1988, it is provided that on receipt of an application for compensation made under Section 166, the Claims Tribunal shall, affcer giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunity of being heard, hold an inquiry into the claim. But in the instant case, the Tribunal has not made any inquiry, more so, when the certificate regarding permanent disability was in a proper form and was filed by the claiinant. 8. In view of the above facts and circumstances of the case, in the opinion of this Court, the matter requires reconsideration at the end of the Tribunal in the light of the observations made above. 9. Therefore, we allow this appeal in part, set aside the impugned award dated 6-2-2003 and remit the matter ,,^^:s,-:^"Sw&=?-^;.?g-?^s^ '"^, "s^ / back to the Tribunal for decision afresh on merit in the light of the observations inade above. 10. The Claim petition shall be restored to its original number and after giving opportunity to adduce evidence or to make amendment in the pleading by the parties or to file documents or to verify the documents already filed, the claim petition shall be decided afresh in the light of the observations made above, as early as possible preferably within a period of sbc months from the date of receipt of record of the Tribunal. 11. Record of the Tribunal be sent back without any further delay. 12. The parties shall appear before the Tribunal along-with copy of this order on 22-11-2010. Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge y