SINGLE BENCH IN THE HIGH COURT OF JUDICATURE AT BILASPUR (CHHATTISGARH) Mlsc.APPEAL N0. $1;2 OF 2005 A9PELIANT / CLAIMANT Ajay Prasad Shrivastava Son of Shri R. B. Shrivastava, aged ab’out 22 years,‘ Resident of Takiya (Filter Plant), Police Station & Tahsil Ambikapur, District Surguja ) C.G.). VERSUS K- 3yw"'Zila Sahkari Kendriya Bank Maryadit, Ambikapur, District Surguja (C.G.). RESPONDENTS : 1V Nitesh Prasad Sinha, Son of Shri f Raghuvansh Prasad Sinha, aged about 23 years, Resident of Village—Bachawar,(Shankargarh) Police ‘Station—Shankargarh, Tahsil Kusmi, District Surguja (C.G.). (OWNER OF VEHICLE) x2. The Oriental Insurance Company Ambedkar Chouk, Manendragarh Road Ambikapur, District Surguja (C.G.). (INSURER) ‘ @ Kashinath Prasad Son of Shri Baldev- Prasad, aged about 60 years, Resident of Village— Bachawar, Police Station- Shankargarh, District Surguja (C.G.). ‘i MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 / IGH COURT OF CHHATT§$G RH AT BILASPU My MIsCAPPEAL No. m or- 2mm . ,cLA:MANT APPaLANT/ ' Ajay Prasad Shnvastava _ Eiersus aEsPGNDENm- Nitésh Prasad smha aridothers. APPEAL UNEER $ECTEON 1N OF THE MOTGR VEHSCLES x .QCT, 1$88 w . e My. MK. A Iarwa§ J S an in ig Bench: H Presam : Shn‘Shant’anu Kumar,counselfarthe‘appeliant. Shn‘ Ghanshyam Patei, .counsel for respendent Shn‘ Dashrath Prajapati, counsel for the respondent Nqne for other respondent. No.2. N03. ORAL ORDER ’ , (Easséd on 315‘ dayor March, 2011; Wfth the sonsent of the parties, the matter is, heard finaily. 2. The instaht appeal is directed against the aWard dated Q4— 05-2005 passed by Fifth Additiona! Motor AccidengVCIeims TribunaHETC‘), Ambikapur (for short ‘the Tribunai’) in Claim -Case No.71/2004 whereby the appeiiant/ciaimant’s claim case is dismissed on the ground ctaimant himself was negtigent in the, accident. ‘3. Brief facts of the t case according to appeitant are: appeitant/ctaimant was working as driver in the Jeep bearing AM; appeiiant stopped the Jeep at Boripara, Ambikapur and " registration No. MP. 27-0794. On 17—03—2003 at about 10-00 whr‘ie ioading_iuggage of maternal uncle of respondent No.1,‘on , the top of the Jeep, he had put the brick ,under the wheei of I Jeep, the brick was broken due to which‘the jeep started moving, accident. ' appeiiantvfeii down as a resuit, he sustained injuries in the H R w 4; The appeHant refrred an app’cain efor ihe Tribuna pe hto be l claimig for the injuris uer Sction 166 of the Motor Veicles ct, ccnsaton to the tune of s ',000/-, sutained him the said dent. iearnd Tribual n cie scrutiny of ihe evidence ie, materil piae and submisions mde, havi ‘fou imf egnt den se e c pttin 6. . appellant hsel nlige in the accit, dismisd th laim eio. i have heard the teame counse or the parties, perused t award impugnd an rod of th Tribnai. Undisputedt, the apiiant d n f a sigl aer with regard to jry sustain by hm in the said accident crminal. papers werejfiled. Further, nohing has bn brough e record ggg an r n aleed cde y ' ed us p f pnt o Learn conel apearing er the apella has als nt y ce l di e apelas in view of te ab' d t d any substace in the appeal. he appe bein devoid cf ubstae i lial is hereby dismissed. No orer as to costs. d l f he e d ecr e U 7- inu ed i nor i t ee t n suestin y othe perso was negligent/responsible for the lg acint. 8 tailed to poi. out an illegality ommittd by the Tribuna in smissing th plnt’ claim petition. 93 . . e to be and nd e h A mpei R: 50 s by in acci The e n e a os d a ed s a ng nd 5 n e y pe di ot ile ne pp . h ovel o no fin n T al g snc s b d