(y^-t >» IN THE HIGH COURT OF JUDICATUR_E_QF CHHM-TISG&RH &T BILASPUR m^^^ M .A. No. ^_I^ /2003 APPELLA TS CLAIMANTS • ../ ^ A ^ ^. v0- ^•v ^^ ^^'"^ ^y .< .v<SV c^9 ^ /•:^^ ^^<y y'^^ 2. / w/o Lat-e Bee^^r-Kwf»^~S^^ steeu^—S^-year^-• Ku. Priyanka Soni, D/o. Late Deelip Kumar Soni^ aged about 9 years. Ku^ Ragini Soni^ D/o Late Deelip Kumar Soni^ aged about 7 years. Aman Kumar, S/o. Late Deelip Kumar Soni, aged about 4 years, (Appellant no.2 to 4 are minors through Qiiardian rae:fe^er.appc3AaRt-^e-^-3.-), •C^u<o,yctA^V) »<L€Y>V^^fe^ ft^^e^'o+M^ Nirmala Bai, W/o Late Basant Soni, aged about 49 years. ¥a^es^wari—3uiii/D/o. Late RaGLLa^a^—Serrih?—a-gedr'abotrfe- 7^-yea-£ls-r-T ( &11 are Resident of Nagar Surajpur^ Bhaiyathan Road P»S»& Tahsil Surajpur, District Surguja C.G.) [ ^.M^: l.v^. I,;.- sVERSUS: r! ".: 2 s RESPONDENTS NON-APPLICANTS ^. ^-. 2. ^3- 'k •^. The Oriental Insurance Com~ pany Ltd. Through Branch Manager Ambikapur, Sadar Road, Ambikapur^ District Surguja ©•G» (INSURER) Ramjhamman^ S/o. Banarshi Ram, aged about 32 years^ Caste - Biyar^ R/o Village Khadganwa, P.3. & Tahsil Surajpur. (DRIVER) Hari prasad Sharma, S/o, Ramdatt Dev^ aged about 56 yeo.rs, R/o Village Khadganwa Post Banja, P.S. & Tahsil Surajpur^ District Surguja C.G. (OWNER) \^'' APPEM. U/s 173 OF MOTOR VEHICLE ACT 1988. sia ^m s:>. HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. No. 983 of 2003 APPELLANTS Claimants RESPONDENTS Ku. Priyanka Soni & Others VERSUS The Oriental Insurance Company Ltd.&Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Ashok Shukla, Advocate for the appellants. Shri Sudhir Agrawal, Advocate for the respondent No. 1. ORAL ORDER (Passed on 1.10.2010) Per: I.M. Quddusi, J. 1. The instant appeal has been preferred by the appellants against the award dated 21.08.2003, passed by the Ist Additional Motor Accident Claims Tribunal Surajpur, Distt. Surguja (for short 'the Tribunal') in claim case No. 45/01, dismissing the claim application preferred by the appellants. 2. Brief facts of the case as per claimants are that, on 07.02.2001 Dilip Kumar Soni (since deceased) while coming to Surajpur by his Scooter, the Driver of Tractor bearing regjstration MP-27-B- 0772, dashed him as a result of which he succumbed to the injuries sustained by him in the said accident. 3. The claimants preferred an application before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 23,07,569/- for the death of deceased in the said accident. 4. The Tribunal.on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions ^ 11 ^-^.^' ^-x'^? 8. of the parties, dismissed the application preferred by the claimants. We have seen the records of Lower Court and copies of the police record. Considering the facts and circumstances of the case, we come to the conclusion that the Tribunal has not properly appreciated the statement ofAW-4 (Dhirendra Dubey) Proper findings are also not available in the impugned award, therefore, we are of the opinion that matter requires reconsideration. In the result, we set aside the award dated 21 .08.2003, passed by the Ist Additional Motor Acddent Claims Tribunal Surajpur, and remit the matter back to the concemed Tribunal for decision afresh without being influenced by the decision made in the award in question which has been set aside by us The parties shall be provided adequate opportunity to adduce additional evidences, if any, and shall dedde the matter as early as possible preferably within a period of six months from the date of receipt of a copy of this order. The claim petition shall be restored to its original number. The amount of no fault liability award whteh has been deposited by the respondent No. 1/insurance company shall not be recovered till the decision of the claim petition. The appeal is accordingly allowed. No order asto costs. C-. Sd/- I.M. Quddusi Judge Sd/- N.K-Agarwal Judge Sahu