JE N ) 1N THE. men CQURT OF CHEAmSGAya AT BILASPUR M.A.N0. 5 I V 2004 %~Mam {Ema $ Pushpem‘ig‘a Sing]? Kushwaha S/o Indra'Dtv 1 Smgh Kushwaha, Aged about 26 Vears R/o Lal Bagh Ward :Jagdalpur, Dist z BastéI—(C.G.1 ADDellant «Claimana Versus 1. Mukesh Jain / S70 Late Suresh Jain, V .‘ A Aged about 26 years; R70 Main Road Jain Cycle Store Bosides Laxmi :I‘ravels, Jagdalpuri Dist z Bastar—(C.G.) [R/espondents Satyanarayan Padi S/o Madhusudan Padi, Aged about 46 years R70 Village Parauaguda, Tahsil Jaédalnur Dist : Bastar-(C.G.) The New India Insurance Companv, Near Jankhar Talkies Jevoore Road, Jagdalnur Sadat Dazar, Dist Jagdalpur: : Bastar {C.G.) Dist : Bastar—(C.G.) / MISC. APPEAL U/ S 173 OF'THE MOTOR VEHICLES ACT. ll HIGH CGURT 3F SHHATTISEARH AT EILA$PUR DIVISION 3ENCH: §-‘i'G "%LE r‘v‘\R. I‘MQUDDUSE & 1 HCN‘SLE MRNAWAL KISHCRE AGAQ.A.. 5U. M A No 514J2004 r- Samas Bham‘r Adv far fhe apneilanf m2" puammA‘gdrwm Adv Tor responaem'No a i ORDER {(3rd} ‘ {i2’h Navember; EGIG) i M Quddusl l ‘2. The apheiianT/ciaimanT has Tiied This misceiianeous appeai againsT The a < I l { ‘ 1. Haard‘ I “impugneld award dufzd 27.12.2003 passed by fhe l'éar'ned Mow." £ccideini' Ciaims Tiribunai: Basmrn'? jugd'aipur (for brevify “the fribunal’) in Ciaim Case ‘ N0.32D./02 i dismissing The ciaim case of fine ciaiman‘i/appeiianf herein. l " 3. FacTs .OL The ease, in brief. are Tha'i‘ The appellanT herein has 'Fiied a ciaim pefii’icn 'befare The fribunai sfafinq ?herein Thai on 12.1.2001 a‘i absuf 8.30 pm. he was going To his house aiong wiTh hisfriend on his moTorcycie. He ‘ s'ropped near a piece To answer iiqe caii of na‘iure and u‘r Tim? ’rime anoiher l mo‘forq/icie bearing regisi‘rm’ion number MP—25/4696 dashed him from backside and on accoun‘i’ of The injuries sustained by him in The said acciden , he became handicaboed. Due To permanenT disabiemenT. The annelian has been removed Tram The Job also The anpeilan‘r has furTher sTaTed haT he has incurred expenses over his TreaTmenT STaTIna aii The aforesad Things! The appeilantiws soughT compensaTion To The Tune of Rs?) £58 ‘4'} The Tri unai, afTer marshaiiing The evidence brouahT on record by The narTies dismissed The ciaim case of The aopeiianT vide imougned award on The Ciro nd ThaT The ciaimanT has noT been abie To grove The accidenT. i OOO/—. s M I‘Dneiia‘m I Pushpendm Singh Kushwaha {CiaimOf'W} Vs l esoandzms Mukesh jam d} m‘hers VZSEHT We have heér‘d iearhed counsei for The par‘ries and perused ‘rhe impugned award as niso records of fhe Tribunai beiow. Fran; pprusai of "the ?am—4 of fhe wriffen sfa'remem‘ joinfiy fiied by fhe owner and driver of The offending ma'mrcvcie before The cimms fribunal if is evidenf The? fhere is cafeqoricai admission on Theur oar? Para 4 cf fhe wrif‘fen S'm'remen'l' Is reproduced herein beiow.— “4a?%x3nn?nuaa?rm6mf%wwgufwnmafr $%%W%IHWW@WT§{W%% ma—m—TifE—Wwm"%awh—W$mm a JIQIm-gzaWWT—W1wWQIWqI é’r‘e‘WWWWnm’é-nm mnmw mgl hurfherg on jhe basis of The above cafegoricai admission on The par‘r of responden‘r No.1 herein- driver of vehicie, fhe criminai couri’ has aiso i E: 'i H/ convic‘i’eh' him wi’rh fhe sen‘ience of Tiii risino of couri‘ and a fine of Rs.300/—., in defaui‘i To undergo addi‘honai R I for 15 dovs This admissmn is admiSSIbie ”under Sechon 18 of The Ewdence ficf and fherefore fhe frlbunal has commif‘red a misfake in hoidmg fhaf fhe appellanf has nof been abie To prove fhe accident Thus, we are of The opinion ThaT The maTTer requires reconsidera'rion aT The end of The claims Tribunai. In The Jesuit we allow This appeai in parT, seT aside The impugned award and remif The maTTer back To The Tribunal for fresh decision. The ciaim peTiTion ‘ shall be resTored To iTs original number and shall be decided afresh afTer _ ‘ § affording opporfuniTy To The parTies To adduce addifional evidence, if any( in ‘ supporTlof Their respecTive cases. TT is made clear ThaT whaTever findings f x have beLn given in The impugned award shall noT be Taken info consideraTion and wiThouT being influenced by Those findings, The decision shall be Taken by The Tribunal independenTly. i l - ' ,_ ' The Qehisfry is direcTed To TFansmiT The record of The claims Tribunal concerrled wiThouT furTher delay. Lg l l l Cerfifiejd copy as per rules. ‘ o . sw— f i ’ I.M.Quddusi 3 l Judge e: . I ‘ o «i l