>~. • t ' •<t"' 1N TUE HON'BLE H1GH COURT OF CUUATT1SGARU AT BILASPUR Misc. Appeal (C) No. S-3^ ^ ^^'"''PIii'' yii'i.^uii APPELLANTS APPLICANTS ^•^. «-'»••' ^-•^ ^. Smt. Badan Bai, Widow of Amamath Sahu, aged about 35 years, R/o Village Machkhanda, P.S. Seepat, Distt. Bilaspur. Ku. Seema, D/o Amamath Sahu, aged ISyears, Sanjay, S/o Amamath Sahu, aged 16 years, Ku. Poomima, D/o Amamath Sahu, aged about 14 years, K.U. Suman, D/o Amamath Sahu, aged 12 years, Shubham, S/o Amamath Sahu, aged 10 years, No. 3 to 6 Minor, Through their natural guardian Mother Smt. BadanBai, Wd/o Amamath Saht4 AU R/o ViUage Machkhanda, P.S.Seepat^Distt.Bilaspur (C.G.) Versus RESPONDENTS : 1 NON- 2. Enayat Ali @ Munna, S/o Late Nawab Ali, aged about 60 years, R/o Bhedimuda (Ratanpur), P.S. Ratanpur, Distt. Bilaspur (C.G.) Anna, S/o Makhan Suryavanshi R/o Village Bhedimuda (Ratanpur), P.S. Ratanpur, Distt. Bilaspur (C.G.) MISCELLANEOUS APPEAL UTMDER SECTION 173 OF MOTOR VEmCLE ACT 1988 • - ">A-JL- :—-R"-*'®;Ks:s^"'^^^^6@^^^^^s^^®!sa^^^se®ss sge^ajsga^'%%s^^^^S^^S^ HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS M.A.C. No. 374/2008 Smt. Badan Bai and others Versus RESPONDENTS Enayat Ali another Munna and DB:- HON'BLE SHRI I.M. QUDDUSI & HON'BLE SHRI N.K. AGARWAL, JJ •\ PRESENT:- Shri Ravindra Agrawal, Advocate, for appellant. Shri Anurag Shrivastava, Advocate for the respondent No.l. ORAL ORDER (03-12-2010) Per I.M. Quddusi, J. 1. This appeal has been filed by the appellant/claimants against the award dated 30-10-2007 passed by the IXth Additional Motor Accident Claims Tribunal (FTC), Bilaspur in Claim Case No. 79/20Q7, dismissing the claim petition filed by the claimants. 2. Facts of the case in brief, as per fhe claimants, are that on 29-4-2004, Amarnath Sahu (since deceased) along with his brother-in-law Satruhaii and minor Lavkumar was going on his Rajdoot motorcycle from Bilaspur to village Gondaiya. Near village Mohtarai, the driver/respondent No. 2 of Pick-up Van bearing registration No. CG- 10A/4786 negligently stopped the same on the road all of a sudden without giving any signal, due to which, the Rajdoot motorcycle which was coming behind fhe Pick-up Van collided with the said Pick-up Van and the persons sitting on the motorcycle fell down and sustained grievous injuries. Amarnath Sahu became unconscious. The driver of the offending vehicle took Amarnafh to Primary Health Centre, Ratanpur on the offending vehicle and thereafter fled away. Amarnath Sahu died on 30-4-2004'during treatment. On the same day, Satruhan informed the police of pplice statibn, Ratanpur and they assured that Merg ^ 1 !s? -•ese: 5. 6. 7. has been registered and after investigation, crime will be registered. Thereafter he gave information to the Superintendent of Police but when no action was taken by the police, he filed a complaint case before the Judicial Magistrate First Class, Bilaspur. The claimants being legal heirs of the deceased, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 46,65,OOO/- as compensation under various heads for the death of the deceased. Learned counsel for the appellants submits that the deceased was taken to the hospital by the offending vehicle itself, but the learned Tribunal has wrongly held that it is not proved that the accident occurred due to negligence of driver of the offending vehicle. We have perused the record of the Tribunal. In the panchnama (Ex., P-7), in which Satruhan (A.W.2) was also one of the witnesses, it has been mentioned that the vehicle by which the accident occurred was a dumper, whereas in the claim petition, the vehicle by which the accident was said to have occurred, is mentioned as Pick- up vehicle No. CG 10 A/4786. Once the Panchnama was signed by Satruhan, who is an^eye-witness, it was not open for the claimants to mention another vehicle in the claim petition. Therefore, involvement of the vehicle in question in the accident is not proved. Therefore, there is no reason to interfere in the Endings recorded by the Tribunal in the impugned award. 8. The appeal fails and is dismissed. Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawa! Judge \