~r - IN THE HIGH COURT JUMCATURE AT BILASPUR Misc. Appeal Fc1 No. l 3 B OF-2097- 2^<^ APPELLANT (Insurer) le Oriertt'al Insurance Company Limited, through the Divisional Manager, The Oriental Insurance <]^}'v."y^>"/\^^. comPa"Y Limited, Korba , City Branch ...••-"^' ^V^Af^'1'' ^8""."v.<iSW",',,'^^" Office Transport Nagar Korba Now at geetanjli Bhawan Main road Korba <^°:t-^ A.::...-\- hT RESPONbENTS: Claimants •briver of vehicle Owner of vehicle s-' ^ ^ Vs (C6) p-^1. t0|o *< Smt. Shyama Bai ~S/o- Ratan Lal Age 42 years. ^2. Ritu Sahu Age 17 years. ^ Ku. Reena Age 12 Years. @ ^4. Sajanand Age 06 years. Respondent no. 2 to 4 are through there mother Smt. Shyama Bai W/o Ratan Lal All R/o Village- Shanti Nagar Janjgir District Janjgir A\\ ' respondent are. belongs tosahu cast. Baijanti pandey D/o Shivaji pandey Age 42 years Cast Brahman R/o Bajrangipara ^ci,'M^(Y-c-ha»IAp«t,C<"-^ Ward- INaila^?^3"'''"'_"' '' - ' Ci-^/6. Rajendra Kumar sharmaS/o Sajanand Sharma R/o Hariyana Transport Akaltar-a Road Janjgir C.G. r? APPEAL U/S 173 OF THE MOTOR VEHICLES ACT A6AINST THE ^/. P.S.foAl<V AWARD/ORDER DATED 25.6.2007 PASSEb BY SHRI M.b. JA6&ALLA-: <L-nrt uv^e.^ -^. THE—ADbITCONAI- MOTOR AGCIDENT CLAIMS •onN'3<L\\y. '^*- •-76Y&7 '^^ TRIBUNAL BILASPUR. (C:6.) IN C.T.NO.-61^07- \ HIGH COURT OF CHHATTISGARH : BILASPUR M.A. (C) No. 138of2QQ8 Appellant The Oriental Insurance Company Ltd. Versus Respondents Smt. Shyaraa Bai 8s others MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri G. Minhajuddin, JJ Shri Abhishek Sinha, Advocate for the appellant. None for the other respondents. 2. 3. /i 4. -», ^'.. ORDER (Oj-al) ( Passed on this 28A day ofJuly, 2011 ) Per I. M. Quddusi J. The instant appeal, filed by the appellant/Insurance Company arises from the award dated 25.6.2007, passed by the Second Additional Motor Accident Claims Tribunal, Janjgir in Claim Case No. 76/2007, awarding a sum of Rs. 3,19,000/-along with interest at the rate of 6% p.a., fastening liability upon the ndn-applicant No. 3/Insurance Company to pay the amount of compensation. The ground of challenge in this appeal is so far as the Tribunal has fastened the liability upon the appellant/Insurance Company to pay the compensation, however, the driver was not having a valid and effective driving licnece pn the date of accident. The facts, in brief, are that on 10.5.2006 deceased Ratan Lal Sahu was going to his house. On the way near Kacahri Chowk, Janjgir the Truck, bearing' registration No. C.G. 07-ZC/302, which was being driven in a rash and negligent manner by the non-applicant No.l( Baijanti Pandey), hit Ratan Lal Sahu. In that accident Ratan Lal Sahu received grievous injuries .and on the way to CIMS Hospital at Bilaspur, he succumbed to the injuries. The report of the incident was lodged by the deceased himself in the police station Janjgir. The legal heirs of the deceased filedi.a claim case under Section 166 of the Motor Vehieles Act, 1988 for award of a total compensation of Rs. 20,61,OOO/- under various heads. Learned Claims Tribunal having regard to the factS situation and the evidence on record awarded a sum df Rs. 3,19,000/-. as coinpen'sation along with interest @ 6% per annum. ^l' ''•s^\ -^ ^ ^rFt-^i^ 1 !-! B f" ^ *-s-i^/ '"•S&Srf^ V: 5. We have heard learned counsel appearing for the parties and perused the lower Court's record. . 6. Learned counsel appearing for the appellant/Insurance Company submits that the driver of the offending vehicle was not having a valid and effective driving licnece. It was submitted on the part of the owner that the driving licnece was renewed. However, from a perusal of the driving licence if appears that it was renewed from 20.2.2006 to 19.2.2009 and there is endorsement of LMV, HGV and Transport Vehicle. The date of the accident is 10.5.2006. Thus we feel that the matter requires reconsideration at the end of the Tribunal. 7. For the reasons stated hereinabove, we allow this appeal in part, set-aside the impugned award dated 25.6.2007 and remit back the matter to the Tribunal for decision afresh in view of the obseryations made hereinabove. No order as to costs. Needless to mention that the parties shall be allowed to amend their pleadings, adduce further eyidence again in support of their pleadings and may file further documents and get the documents verified etc. 9. The amount, if any, deposited by the appellant shall remaln in a ffased deposit scheme in any nationalized bank for a period of one year and that shall be subject to the fresh decision by the Claims Tribunal. il0. The lower Courts record shall be sent back forthwith. Sd/- I.M.Quddusi Judge G.Minha}judin Judge f . Thakur .»•• x -^' \-. n