IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) MISCELLANEOUS APPEAL CC) N0. 7<-fS QF 2009 APPELLANT'S ^ ^.-:',^^ ,,c- ^ ^•::. ^^'T .. ^•"° 4 RESPONDENTS Ivlsion B8 1. Chintamani, S/o late Gurejendra Sahu, aged about 7 years, 2. Ku. Duleshwari, D/o late Gurujendra Sahu, aged about 5 years, Appellant No. 1 & 2 are Minor through their mother Gayatri Bai, W/o late Shri Gurujendra Sahu 3. Gayatri Bai, W/o late Shri Gurujendra Sahu, aged about 25 years, 4. Sukhbati, S/o Nanduram Sahu, aged about 50 years, 5. Nanduram Sahu/ S/o late Shivprasad Sahu, aged about 55 years, All R/o Village Choubebandha, Post Rajim, Police Station Rajim, District Raipur(C.G.) VERSUS 1.^ Manharan, S/o Mohanlal Sahu, aged about 25 years, R/o village Choubebandha, Post Rajim, District Raipur (C.G.) 2^. Mohan Lal Sahu, S/o Jagdish Ram Sa-hu, aged about 50 years, R/o (t) 3. Village Choubebandha, Post Rajim, Police Station Rajim, District Raipur (C.G.) Branch Manager, Ifko Tokiyo, Tokiyo General Insurance Company Limited, No. 345-347 IIIrd FIoor, Lalganga Mal Raipur, Tahsil and District Raipur (C.G.) Claimed before Tribunal : Rs. 25,75,632/- Amount awarded by the learned Tribunal : Claim dismissed. Claimed in this Memo ofAppeal : Rs. 25,75,632/- .MISCELLANEOUS APPEAL UNDER SECTIONJ^^QF THE MOTOR VEHICLEACT, 1988 HiGH COURT OF CHHATTISGARM : BiLASPU^ Divjslon Bench Hon'bis Shri Satlsh K. Agnihotri & Hon'bte Shri N.K. Agarwai, JJ. Appellants Respondents Misc. Aopeai (C) No.943 of 2009 Chintamani & Others Versus Manharan & Others (Appeai under Section 173 of the Motor Vshicles Act, 1988) Present:- •. Shri P.P. Sahu, counsei for the app^IIants. Ms Renu Kochar, counsei for the respondents No,1 & 2, Shri Y.S. Thakur, counsei forthe respondent No.3. 1. ORDERrORAL) (Passed on this 1 ?ffi day of November, 20Q9) Heard leamed counsei for the parties. 2. The appellante/ciajmants are aggrieved by the award dated 5-5-200S (Annexure - A/1) passed by the Addltlonal Motor Accldent Claims Tribunai,;Dhamtar§ (for short'sthe Tntonafl whereby dalm case No.08/08 was dismJssed by the Tribunal on the ground that the accident took pteceon account of negligence on the part .of the deceased and not on account of negligence of respondent No.1, therefore, the respondentsare not llable to.pay. any compensation to the appellarats. 3. . Be that as It may, slnce the'.ciaim has beers dismissed wrlhout consldering the entire facts and circumstances of the case In its letter and spirit and without considering the materiais available on record, we ar-e of the opinlon tnat the matter may be remanded back to the Tribunal for declslon on merits. 4. Jn view of foregoing, the impugned award dated 5<5-2G09 is.set aside. The matter is remanded back to the Tribunal for a fresh 5. s. 7. consideration and determlnatlon, in accordance with law and on its o^vn merits. The Tribunai may consider other evldences aiso, if adduced by the parties and the documents, If any. The appeiSants/clalmants shail remain present before the Tribunal on 11th December. 2009 to partidpate In the proceedings with thesr witnesses for examination. The parties are permitted to adduce evidences, Ifsoadvlsed. The observations, if any, made herelnabove, sha!! not be construed as our oplnion on merits. In the result, the appeal is allowed to the extent indicated above. No order asto costs. 8. The Registry is directed to send back the papers, requisitioned from the Tribunal forthwith. Gowr Sd/- Satish K. Agnihotri Judge Sd/- N.K. Agrawal Judge