W THE HON'BLE ffiQH COUKT OF CHHATHSGARH AT BILASP' M.A.(C) No. .l°3.^ OF 2010 (APPEAL VALUED AT Rs 3.81.000/-1 APPEAL UNDER SECHON 173 OP THE MOTOR VEHICLES ACT. 1988. APPELLANT ^ON- APPLICANT <' N0.3) .Jl?./h y^y.: ..•<:^:^:,^ x-'~ 1. .•-' •^••"' RESPONDENTS (APPLICANTNO.ll :1. National Insurance Company Limited.Through: Its Divisional Manager, Divisional- Near coffee house, G.E. Road, Raipiir Road (C.G.), Insurer of vehicle Bearing registration no. C.G. - 04J. A.-0891. ;2 National Insi.irance Compny Limited 13, Minu Complex Main Road, Kosa Badi, Korba (C.G.), Insiu-er of vehicle Bearing Registration no. C.G.-33-H.- 0185 VERSUS :!._. Smt. Jamuna Bhoi, W/0- Late /' Anup Bhoi, Aged about - 38 years, (APPUCANT N0.2) :2. Ku. Oauri Bhoi, D/0- Late Anup Bhoi, Aged about -21 ^" years, (APPLICANTN0.3) :3. Ku. Durga Bhoi, D/0- Late ,*'" Anup Bhoi, Aged about -17 years (APPLICANTN0.4) .4. Jitendra Bhoi, S/0- Late Anup Bhoi, Aged about-16 years, (APPLICANT N0.5) (APPLICANTN0.6) (APPUCANTN0.7) :5, .-•'"'' ^' :^. ^' :?. Babita Bhoi, D/0- Late Anup Bhoi, Aged about -14 years. Devki Bhoi D/0- Late Anup Bhoi, Aged about -12 Years. Devendra kumar Bhoi S/O-Late Anup Bhoi, Aged about -10 (NON-APPLICANT No. 1) ;g. (NON-APPLICANT No.2) :9. (NON-APPUCANT No.4) : 1 Q (NON-APPUCANT No.5) : 11. B a years. Respondent n6. 3 to 7 are Miaor, through-Mother-Smt. Jami.ma Bhoi,(Respondent no. 1) All are R/0-Navapara Ragim, Distt.-Raipur (CG). Narendra Kumar Kahar, S/0- Matram Kahar, aged-29years, R/0- Navapara Dammani Colony, P.S.-Gobra avapara, Distt.-Raipur (C.G.), Bearing Registration No.-CG-04JA- 0891. Manmohan Agrawal, S/0- Pitaramji Agrawal, R/0- Navapara Ragim, Distt.-Raipur (C.G.), Bearing Registoration No.- CG-04JA-0891. Kanieshwar Yadav, S/0-Dukan Yadav, Aged about -38 years, R/0-Bankimongra, Distt.-Korba (C.G.) , Bearmg Registration No. MP-33H-0185. Shamimuddin, S/0- Faijiuauddin, Aged about -45 y^sAM».^/&MM%sh,C<amot%si« &>^i\v»\p\ji->^ iS^^u^^'^'j) (.^^y^-^ No. MP- Vei^cJije^ 33H-0185, !,aurtt(hU.<!WTSUW°''ietB*<n-iia 2-( '9-. l<l I raii <£>? Aooe! ^SL^nt^? Appefian Respondents •S->3' ft Sf~t. i i A^ NVISION BENCM: HON'BLE MR. I.m.QUDDUSI & .E MR. PR.4SH.4NT II v's Nationa' Insurcnce Company Limited & anr Monsukh Bhoi <& others Nationat Insurance Company Limited S. anr Vs r> Mansukh Bhoi and others Nationat Inguronce Company Limited & anr Vs 5mt. Jamuna Bhoi and others Nationai Insur'Qnce CompQny Limited & anr Vs Smt. Jomuna Bhoi and others _.A. (0 No.1092/2010 National Insurance Compony Limited A anr 'V'S Awadh ftam Chakradhari and others ,.A. tQ No. 1093/2010 Nationct Insurance Company Limited & anr Vs ihoi and others rresenT:- y. Dashrath 6uota. Advocate for the appetlants in at! the appeals. Mr. Shivendu Paio'yd, Ad'v'ocate for res&ondenTs-Mansukh Bhoi, Ke^ar- Bhoi, Rwp.e.shwan Bhoi and Pavan Bhoi. OK& (Orai) /^.^sn s^=^il ^A4 1 ^ ^£.<^ ftpni^ £,UAA^ I.M- QuddusJ. J: 1. With the consent of the parties, the mattsr has been heard finally. 2. The above appeals fiied by the appellants are being disposed of by this eommoR order as a!l these aoseals arose out of The same accident dated | rti 2.1.2008. However, for the pur-pose of this order, reference is made to the facts of AA.A. (C) No.1009/10 (National Insurance Company Limited Vs. Mansukh Bhoi & others). 3. The appeliants have fjied this dppeal against the award dated 13.4.2010 passed in Cktim Case No.40/2009 whereby the leamed 2"° Additionat Motor Accident Claims Tribunal, Raipur has atlowed the claim opptication of the claimants, awarded a sum of Ks.1,70,000/- as compensation and fastened liability on The oppefbnts No.l-Insurance Compdny. 4. In This appeal The appetlants had chalienged the iiability as clsc The quontum and in this reggrd permission under Section 170 of the Motor Vehicles Act, 198& (foifshori- '•Hie Tribunal') hcs been granted to the 5. Facts of the case, in brief, are ThaT on 02.01.2008 Doojram Bhoi (since deceased) was going to Raipur -from Bilaspur in the vehicle bearing registration number C604-JA-0891, owned & possessed by the respondent No.5 herein. Near V-illage aira, the said vehicle dashed the stationed vehicie bearmg registration number W33-H-0185, as a result boo.jram and other passengers Trayeling in the said yehicls died. Report of -riie inCtden-frwffls lodged in the Police StaTion Nondghat, bistrict &ur9. The chim<mtsii.e.tfather, brother &. sisters of the deceased, claimed compensation to the tune of fts.6,00,000/- under various heads on the jround that on occount of his untimeiy death they have suffered ioss of income. 6. The CJaims Trlbunal, after hearing the parties in the matter and appreeiating the evidence availabie on record, part'iaily aliowed the claim applicatifln ofthe claiincunts vide impugned award. 7. We havs hearrf leorned counsel for the parties. We have also perused the records of 1+»€la(msTribunal. 8. The Chims Tribunal has held 1+iat the vehicle. in which the deceased w<tS traveling i.e. C604-Z.4-0891, was responsible for the accident and as such •die appellant No.l, who is the insurer of the said vehicle, is tiable To pay compensation. Therefore, the oupeat on behaif of the appeilant No.2', wh<^ '^if •^:.;.,:^^: Sk-f- 4 ^ 12.In the result, the appeal on behalf of the qipellant No.l is allowed in part, the impu9ned award is set aside ond the matter is remirt-ed back to the Ciaims Tribunal cohcerned for taking decision afresh in light of the observations made in this order. The Ciaims Tribunal shafl provide opportuniTy To the parties to adduce fur-ther evidence, if any, amend the pteadings, file documents or verify the documents alpeady filed. It is also directed that the amount, which has already been deposited by the appeltant and yet not disbursed to the ctaimant, shall not be either refunded to the appellant or disbursed to the claJmants till the decision js takenafresh. --^ l3,The dppeal on behalf of the appellant No.2 is hereby dismissed as not mamtainable. I ; 14. A copy pf thi3 or'd®Rbe g!Juc&^i jn o'ther cpnfteeted appeals. l5.Cert'if»iiji|CQ(!'^dSEp'ei|@.i1es.!.| ^ •: . : . llffi 'SfK ^^, Sd/- P.K-Mishra Judge