IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. fC) No ^^ / 2011 Bench APPELLANT/ .fApplJcant) /. Smt. Pramila Tiwari W/o Late Shri Amit Tiwari, aged about 34 years, R/o Quarter No. 105/A/4 Balco Nagar Korba Tahsil & Distt.- Korba (C.G.). •^y RESPONDENT/ ('Non-ApplJcant) VERSUS The New India Insurance Company Limited, Zonal Office: The New India Insurance- Company Limited, Transport Nagar Korba Tahsil & Distt.- Korba (C.G.). (INSURER OF MARUTI ALTO N0. C.G. 12/D6657) MISCELLANEOUS APPEALU/S, 173 OF MOTOR VEHICLEACT. 1988 •i:t^s^^ HI6H COURT OF CHH^TTIS^RH AT BILASB^ DIVISION BENCH: HON'BLE MR. I.M.QUDDUSZ & HON'BLE MR.6ULAM MINHAJUDDIN. JJ Appellant Respondent M.A. tcl No.678/2011 Smt. Pramila Tiwari Vs The New India Insurance Co. Ltd. Present^ Mr. Sameer Singh, Advocate for the appeliant. Mr. Deepak ^upta, Advocate for respondent. ORDER (Oral} (22nd November. 2011) I.M. Quddusi. J; 1. Heard. 2. The appellant has filed this appeat against the award dated 313.2011 passed by 1+ie learned Motor Accident Claims^ribunal, Korba (for short lthe Claims Tribuna!') in Claim Case No,134/2009 dismissing the cbim application. 3. Brief facts of the case are that on 1.8.2008 the ciaimant along with her husband and daughter was going towards ftaipur from Balco Nagar, Korba in Maruti Alto car bearing registration number C604-JA-6865. When they reached near Baksara Police Station, Simga, the driver of truck bearing registration number C612-D-6657, which was going ahead of the car of the claimant, ali of sudden applied brakes as a result the said car hit the truck resulting in permanent disability ofthe ciaimant and death of her husband and dau9hter. The claimant filed a ciaim application under Section 163 (A) of the Motor Vehicles Act, 1988 (for short 'the Act, 1988') seeking compensoition to the tune of Rs.8,00,000/- for the permcnent disability sustdned by her in the said accident. 4. The Claims Tribunal, after hearing the parties in the matter, dismissed the ctaim application on the ground that the cldmant failed to prove the permanent disability sustained by her in the said accident. !»-»«' Roshan/- 5. We have heard learned counsel for the parties and perused the impugned award as also the record of the Claims Tribuno!, 6. On perusal of the records of the case, we found that the claimant has ctaimed compensation on the ground of permanent disability sustained by her in the said accident, but the Cbims Tribunai, without conducting any enquiry, as provided under the Act, 1988 and the Motor Vehicie Rules, has dismissed the claim application of the claimant on the ground that the claimant has failed to prove her permanent disability, Whereas, in the facts and circumstances of the present case, the Claims Tribunai should - have, conducted an enquiry to ascertain the fact or should have given an opportunity to the claimant to appear before the AAedical Board to prove the fact of permanent disabiiity, but the same has not been done in the present case. Further, the claim of the claimant has been rejected on the ground that the claimant has not impleaded the owner, driver and insurer of the offending yehicle. But, we feel that tfte claimant shouid not be denied just compensation only on th©ground that neces^xry parties have not been impleaded and she shou!d be given one opportunity to prove her case. Therefore, we are of the view that present is the fit case which needs reconsideration at the end of the Claims Tribunal. 7. In the result, we allow this appeal in part, set aside the impu9ned award and remit the matter back to the Claims Tribunal for decision afresh in light of observations made in this order. However, the claimant is granted iiberty to convert the claim oipplication filed by her under Section 163-A into an application filed under Section 166, of the Act, 1988, Needless to mention that the parties shall be provided opportunity to amend the pteadings, adduce further evidence, file documents or get the documents verified etc,, on the basis of pleadings already available on record. 8. The parties shall appear before the Claims Tribunal on 11-01-2012. Record of the Claims Tribunal shall be sent back forthwith. No order as to costs. ^i Sd/- ^ ! G.Minhajuddin I.M.Quddusi - Jud§e