IN THE ^ION^LE HI6H COURT OF CHHATTES6ARH AT MISC. APPEALC^^H^OF^ oivisio" B8") -19 ^x*-" -./" fMEMORAN&UM OF APPEAL UN&ER SECTION 173 OF THE MOTOR VEHICLES ACT.-1988) ARpielJgnts fLAIMANTS ..^2 .»/' ¥*1 l'['^) ^€^' ...^ - • L'^3 Respondents Non-Applicants 2.. Basdeo S/o Late. Jansay, aged about 54 years, Halkaniya W/o Basdeo, aged about ^; 53 years, 3.^ Rajmati W/o Rameshwar @ 4. ^ Ramesh, aged about 23 years, Mandesh Kumar S/o Late. Rameshwar @ Ramesh, aged about 18 years, Manlesh Kumar S/o Late. Rameshwar © Ramesh, aged about 15 years, —.—' Ku. Poonam b/o Late. Rameshwar © Ramesh.aged about 12 years, ?») ^w Sqb--m'rl^n~)tityfe-4^^i>^P^^^ ^ ^\-' 4t**-1 r fcA*^ui^~*i- ^atA'Yt^*1 '^? All R/oCaste-6ond, Village- •ii^,\<».jw^\'. 3. Virendra Nagar, Police Station - Basantpur, Tahsil Wadrafnagar, District - Surguja (C.6.) Versus The Oriental Insurance Company - Limited, Branch Office Manendragarh Road, Near Ambedkar Chowck, Ambikapur, '; bistict Surguja (C.6.) Bholenath Patel, S/o Arjun Patel, aged 32 years, Occupation - Driver,R/o Village Parsadih, Police Station Chalgali, District Surguja (C.6.) Chandrakant Patel, S/o bwarika Tatel, aged 52 years, owner, R/o Village Jamai, Police Station Chalgali, Block Wadrafnagar, District Surguja (C.6.) f\-./^'.-^ \^" ^ MEMORANbUM OF APPEAL UN&ER SECTTON 173 OF THE MOTOR VEHICLES ACT. 1988 ^ HIGHCOURT OF CHHATTISGARH. BILASPUR CORAM: Hon'ble Shri I.M. Quddusi, & Hon'ble Shri Prashant Kuinar Mishra, JJ. M.A.(CtNo.53of2011 APPELLANTS Basdeo and others. Versus RESPONDENTS The Oriental tnsurance Company Limited and others. Appearance: Shri Rudranafch Mukherjee, counse! for the appe!iants. ORAL ORDER (23/02/2011) Following oral order of the Court was passed by I. M. Quddusi, J. ' This appeal has been filed as time barred. The Stamp Reportsr has reported only 10 days delay in filing the appeal. I.A. No. 1 application for condonation of delay has been moved. Consictering the facts and circumstances of thecase and having perused ttie reasons contained in the application for condonation of delay, we are of the opinion that the delay deserves to be condoned as it has been explained satisfactorily, therefore the delay in filing the appeal is condoned. (2) This appeal has been filed against the impugned order dated 17/08/2010 passed by the-Additionai Motor Accident Claims Tribunal (F.T.C.), Pratappur in Claim Case No. 32/2009 dismissing the claim petition. (3) This appeal had come up before this Court earlier on 17/01/2011/' on that date this Court ordered to summon the Lower Court Record. Today Lower Court Record is available and therefore we have heard learned counsel for the appeltant and perused the Lower Ceurt Record. i» ••^.'. <.'!1 — a- (4) The brief facts of the case as narrated in the claim petition are that in the night of 12/09/2008 thedeceased Rameshwar Prasad @ Ramesh was going to village Birendra Nagar by his motorcycte. In village Birendra Nagar near the house of Qum Khan jeep bearing registration No. C.G.15 ZD 1076 being driven by non-applicant No.2 rashfy and negligently dashed Rameshwar Prasad as a result of which he received grievous injuries on his head and he died on the spot. Deceased was Shiksha Karmi Grade -III and his monthly salary was Rs.6,000/- per month. The claimants have claimed compensation of Rs.23,32,000/-. (5) We have perused the Post Mortem Report of the deceased as well as the fact that the report of accident with the jeep in question was made after sjx months from the date of alleged accident that too on the basis of information received by the claimants. In fact the alteged incident had taken place on 12/09/2008 when the deceased dted and the first information report was made on 13/09/2008 when the deceased was found dead in which it was mentioned that he died after having gone out from his house through motoreycle, however it has come in the evidence that the deceased was a habitual drunker and he did not know the driving also. (6) The Post Mortem was done after 36 hours of the death. The cause of death has been mentioned in the Post Mortem report as under:- "The cause of death is asphyxia due to obstruction of larynx trachea by mushroom vegetable. The time passed since death is about 36 hours. Accidental ih nature" (7) Therefore, the Post Mortem report does not support the date of death as mentioned in thefirst tiiformation report. The cause ofdeath is lf / "'* ^ \. -VBf^/ S.3*':a?y -3.- also different and therefore it can.not be said that the deathwas caused due to motor accident. (8) In view of the above, we are of the opinion that the claim petition has rightly been dismissed by the Claims Tribunal and there is no scope of interference therein by this Court. (9) In view of the above, appeal fails and is dismissed at admission stage itselL Sd/- l.M.QUddusl Judge Sd/- Prashant Kumar Mishra Judge •l^/^- K