IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH I/zoos D B gwmmx mjmk 1. Kamal Narayan, S/o Janak Ram Kanwer, Caste—Kanwer, 7 aged about 38 years, 2. Smt. Hemin Bai, W/o Kamal Narayan Kanwer, Caste Kanwer, Both R/o Village— Chirchirda, Out post Lowan, P.S. Kashdol Distt. Raipur (C.G.) (V MA (CiNo Appellants Claimant Before the Tribunal VERSUS RESPONDENT : 1. Loknath S / o Dayanand NON-APPL!CANT Before the Tribunal s Kaiwarth, aged about 32 years, Caste Kewat, R/o Villag Chirchirda, Police Chowki Lawan, P.S. Kashdol Distt. Raipur (C.G.) 2. The New India Insurance 85 Company Ltd., Divisional Office, Civil Line Baloda Bazaar, (451801), Distt. Raipur (C.G) Insourar of Heero Honda C.D. Done No. C.G.04/CL— 7425 Policy N0. 451801/31/06/0g00002118 Valid from 19.09.2006 till 13.09.2007 MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT FOR GRANT OF COMPENSATION ON ACCOUNT OF THIS REASON THAT THE APPELLANTS CLAIM WAS DISMISSED BY LEARNED A.M.A.C.T. BHATAPARA CAMP BALODA BAZAAR DISTT. RAIPUR CLAIM IN APPEAL 5,10,000/- FIXED COURT FEE Rs. 15/- W MM HEGH CGURT OF CHEATTI$GARH BILA§PUR DB: HON’BLE I. M. QUDDUEI & HDN’BLE G. MINHAJUDDIN, JJ MJMC} No. 133$! 2008 APPELLANTg: Kamal Narayan emcl mhcrs Vs. RESP¢NDENTS: Loknath and another ACT, MIEC. 1988 APPEAL UNDER gEC’MQN 173 OF THE MGTOR VEHICLE$ Appem‘ance: Mr, Neeikanth Malviya, counsel for the. appellant. Mr. Pankaj Agrawal, counsel for respondfmt no.2. ORAL ORDER mmoaaon) Per LM. QUDDU$L J, 1. This appaal has been 111ml by the claimants; against “£116 impugned award dated 11.042008 passed by the Addl. Motor Accident Claims Tn'bunal, Bhatapaja, Dism. Raipur (CG) in Claim Case No.80/ 2007 dismissing the Chaim of the appellants. 2. Brief facts of the case as per the version of the claimants are that on 28.4.2007 deceased Yashwaot Kumar and Loknath Kaiwartya, after attending a marriage ceremony in village Lodhabor, Were manning to their Village Chichirda by Hero Honda CD Dawn Motorcycle bearing Regn.No,C.G.O4—CL/7425 owned by Loknam. Loknath was driving the motorcycle Whereas Yashwant Kumar was sitting as pilh'on ridelx On the Way at about 2.30 p.m., between Pataidih and Chilhati on Bilaspur-Jontharamajn road, the said motorcycle met with accident, in which, pillion rider Yashwant Kumm‘ sustainecl grisvous injurias on Email, hand, leg and on chest. He was immédiately brought t6‘the CIMS Hospital, Bilaspur what he died during the course of treatment. At the time of accident, the deceased was aged about: 10 years. The claimants have iiled claim petition u/s 166 of the Motor Vehicles Act for the award of total compensation of Rs.5,10,000/— on valious heads. Learned Claims Tribunal disbelieving the version of the claimants has dismissed the claim petition. We have heard leamed counsel for the parties and have also gone through the record. On perusal of the lecords, we have found that the claim petition has been dismissed on the ground that the accident took place due to natural calamity Whereas in fact the dn’ver of the two Wheelers had lost the control due to 1ash and negligent driving. The deceased was pillion rider and therefore it cannot be said that in the instant motor accident occurred due to natural calamity. It appears that the Tiihunal has not conducted any enquiry to ascertain the truth as to Whether the accident took place due to rash and negligent driving of the driver of the motomycle or due to natural calamity. In view of the above, the matter requires reconsideration at the end ofTribunal. Hence, we allow this appeal, set aside the impugned award dated l 1.04.2008 and remit the matter back to the Tribunal for decision afresh in the light of the observations made above. The Tribunal, as an explorer of nuth, shall conduct enquiiy and summon the police ieoord as provided in sections 168 8r, 169 of the Motor Vehicles Act, 1988 and Rule 226 of the Chhattisgarh Motor Vehicles Rules to ascertain the truth as to Whether in t0 fact the accident took place c1116 to rash and negligence on the part of ‘dm dxiver or dué‘ to natural calamity etc. 6. Needless to mention that the parties shall be allowed to amend the pleadings, adduce further evidence, file documents or get the documents ven'fled etc., and thereafter, the 'l‘n'bunal shall take the decision afresh at the earliest. The parties shall appear before the Tribunal on 30th September, 2011. The records of the Tribunal shall he sent back without further delav. '2”. In the result, the appeal is allowed. No order as to gos’qs). Sd/~ Sd/- I.M.Quddusi G. Minhajuddin Judge Judge