i C9 MW IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) M.A. No. #03 2005 myisian Bench APPELLANT : / Kamalnarayan, S/o Badri Prasad Verma -€LAIMENT aged 25 yrs, Permanent Address viHage Bodtara, P.o. Jarod, Tah. Bhatapara, Distt. Raipur (C.G.) present address village and post Mana, P.S. Mana, Distt. Raipur (C.G.) VERSUS RESPONDENTS : 1 Jagdev, S/o Tejiram Sahu 'bN-APPLICANTS '7 Present address C/o Bhuneshwar Prasad S/o Punauram Verma, village & Post Jarod, Tahsil Simga, Distt. Raipur (C.G.) Bhuneshwar-Prasad, S/o Punauram Verma, village & Post Jarod, Tahsil Simga, Distt. Raipur (C.G.) 3/ e Oriental Insurance Co. Ltd. Thr. Divisional Manager (Division No. 2) Chawla Complex Sai Nagar,Devendranagar, Raipur, Distt. Raipur (C.G.) Miscellaneous Appeal under Section 173 of the Motor Vehicle Act 1994 LVN“: «mm—pl racqnrl hV fhg‘wgTH . ”‘- “bu-W AQQeIIant verSUS Jagdev and others ‘ f Respondents Present: Shri S.C.Verma, counsel for the appellant. Shri A.K.Athaley, counsel for respondent No.3. MisceHaneous Aggeal under Section 173:0f the Motor Vehicles Act 1 __.. I ORAL ORDER (Passed on 12th January, 201 1) Per I.M. Quddusi, J.: Heard. ' 2. This appeal hasybeen filed by the claimant challenging the’ award dated 30-7-2005 passed by the 5‘“ Additional Motor Accidents W Claims Tribunal, Raipur in Claim Case No.158/2003. 3. Facts of the case, in brief, are that on the date of accident, i.e., 10-7-2003 at about 9:30 A.M., the claimant Kamalnarayan was riding a motor cycle, which was dashed by a tractor bearing registration 'No.CG 04 9528 near Village Khokhali due to rash and negligent driving of the tractor by non—claimant No.1 Jagdev. The claimant sustained grievous injuries on his waist and stomach, The incident was reported to Police Station Bhatapara on 10-7-2003. The claimant preferred a claim petition under Section 166 of the \ 2 Motor Vehicles Act, 1988 claiming compensation of Rs.9,34,000/— against the driver, owner and insurer of the tractor. 4. The Claims Tribunal has dismissed the claim of the claimant. l 5. Under Rule 226 of the Madhya Pradesh/Chhattisgarh Motor Vehicles Rules, 1994, it is provided that the Claims Tribunal shall obtain whatever information and documents which may be found necessary from the police, medical and other authorities and proceed to award the claim ‘whether the parties who were given notice, appear or not, on the appointed date. 6. The F.l.R. was a prompt F.l.R. in which registration number of the tractor was given. It also cannot be denied that the claimant had s got medical treatment and the hospital recorded the matter as a medico legal case. The investigator, in his report, has also l mentioned that a charge-sheet under Section 173 of the Code of , Criminal Procedure in Criminal Case No.331/2003 was filed against L the driver of the tractor and judgment was also delivered by the x»; Judicial Magistrate First Class, Baloda Bazar before whom the charge-sheet was filed, on 1-8-2003. ln view of the above, the finding arrived at by the Claims Tribunal that the accident took place due to negligence of the driver of the motor cycle or the finding against the. claimant in absence of any evidence adduced by the non-claimants including the insurance cempany cannot be said to be i proper. 7. In view of the above, we are ofithe opinion that the matter requires reconsideration at the end of the Claims Tribunal. \ «. 3 Therefore, we set aside the impugned award, allow the l miscellaneous appeal in part and remit the matter back to the Claims Tribunal for decision afresh. The Claims Tribunal shall allow the parties to amend their pleadings, adduce further evidence, tile documents or to get the documents verified etc. and thereafter the decision shall be taken afresh. There shall be no order as to costs. l l l Sdl- J I.M.Quddusi SW- Judge Prashant kumar Mishra Gopal ‘ l; , , i, Judge a iiiiish , , i \i WWI /