^ Ojvjsjoo B@f]d IN THE HON'BLE HIGH COURT OF CmiATTISGARH AT BILASPUR ~^T M.A.(C)No. ......... OF 2008 (APPEAL VALUED AT Rs.4:9Q.OOO/-) APPEAL UNDER SECTION r73 OF THE MOTORVEHICLESACT. 1988. APPELANT (N6N- APPLICANT N0.3) ^ : ^" Branch Manager, United India ,,..... ^L^ ..••—""". T\-^~^-n": ^s^^ ^^^"UOBBS" Insurance Company Limited, T.P. Nagar Korba, Through: Its Branch Manager, United India Insurance Company Limited, Rajendra Nagar Chowk, Bilaspur, Tah. & Distt. - Bilaspur (C.G.) VERSUS RESPONDENT y'APPLICANT NON-APPLICANT N0. 1 N^N-APPLICANT N0. 2 :1. Dilharan Shrivas, S/o Shri Gajanand Shrivas, aged about- 30 years, R/o- Village Mungadih, Tah.-Pali, Distt.- Korba (C.G.) Present Address - Chingrajpara Bilaspur, Tah. & Distt. - Bilaspur (C.G.) :2. Akram Khan, S/o-Shri Kamal Khan, aged about-35 years, R/0- Dipika, Ward No. 2; Tah. Katghora, Distt. Korba (C.G.)(Driver) :3, Smt. Kailash Devi Sharma, W/o- Late Ramkishan Sharma, R/o-Quarter No. M-1, Dipika Colony Gevera, Distt.- Korba (C.G.)(Owner) - ^ H|@HaOUKTO&.6NHArnsaftRN.,ATffy^PUI| DSVSSSON BENCH: HQNiBLE,iWI,,.J.IW,QyBDUSI,& HON'BLE MR. QHULAN iy»INHAJUDD!N.JJ. MA...MNo,S?W2(iM18 Appellant 8i?seonden!ts Vs Branch ManaQer, Untted jndia insuranee Co. Ltd. DJIharan Shrivas & 2 others ?resent: Mr. Dashrath Gupta, Aclvocate forthe appellant. Mr. S. Kashyap, Ad"ocaSeforrespond©ntNo.1 ORpERmrai) (14(n^ui».28i1);...:'-"" l,nfl.,Qyddysi,J; 1. Heard. 2. The appeUant-lnsurance Company has flled thjs miscelianeous appeal under Section 173 of the Motor Vehictes Act, 1988 (for short 'the Act") aQamst the award dated 29.01.2008 passed by teamed Additjonat Motor Acctdent Glajms Tribunal, Bilaspur (for short the Claims Tnbunai') In Clalm Cas®No. 18/2006 partly allowing claim application of the datmant. 3. Facts of the case, in brief, are that on 26.8.2004 the injureci ctaimant, aiong wth his wfe, \^as returningi 1rom Korba on his motorcyote and when he reached near Pali Barrier, a truok bearing registration number CG04-Ga-2?13, being driven jn rash and negligent manner tay its clriver, flrstly dashed motorcycle of the deceaseci and thereatter ran over the leg of the injured ciaimant as a result he beoame unconscious. Matter was reported lin the Foiioe Station Pali. The injured claimant has filed a olaim petition seekinii compensation of Rs.18,25,000/- for the permanent disatollrty sustained by him in the said acddent on the grouncl that due to hts permanent disabiement. he has sustained iffreparable loss. 4. The Claims Tribunal partly allowed the claim application ofthe injured claimant, awarded a sum ot Rs.4,90,000/- as compensation and fastened Ijability on the appellant-jnsurance Companyto paythe compensation* 5. VVe have heard learned counsei for the parties and perused the impugned order as aiso records ofthe CIaims Tribunai below. 6. Perusai ofthe record showthat a certiticate wras issued in favour ofthe injured- clatmant but neither the treatmg doctor nor the offloers or Members of the District Medical Board, who had signed the disability certificate, was examlned. Further, the persons, who were present on the spot and noteci down the / ^^ regiistration number ofthe offencjingvehjoleand therearfter gave itto the injured clalmant based on which offence was registered against the oflending vehlcte, have also not been examinedl. Further, the claimant has not brougiht on reoorcil any evldence regarding identlflcation of the ofifending vehjcle and even trueN number was ascertained by the potice durlng investtgatjon. 7. However, since the police investigated the case and reachedl at the conclusion that H: was the truck-in-question vAich caused the aceident, we are of the oplnion that the cialmants should not be made to sufil'er oo account of non- procluction of evldence, especiatly \Mien Seotions 168 & 1@8 ot the Aot and Rule 226 of the Motor Vehictes Rules provide that the Ciaims Tribunaj shall conduct an enquiry into the ctaim. 8. In vlew of the above, we are pf the opinion that tlie matter reaulres reconsideration at the end of the Tribunai. 9. Accordingly, we aHowthe jnstant appeal in part, set aside the award dated 29.1.2009 passed in Claim Case No. 18/2006 bythe Ctalms Tribunal and remit the matter back to the Ctaims Tribunal for decision alresh. The Clattns Trlbunal shall provide opportunJty to the parties to adduce ftirther evidence,tt any. and shall foHow the provtsions of Sections 168 ofthe Act, 1988 and Rule 220 of the Rules in deciding the ciaim petition. The partles shall ateo be entitled to amend the pteadingis and file or verify the documents already fiied. 10.The parties are directed to appear befbre the Claims Tribunal concemeci on 2Siil July, tdll etther in person or through their counsel. Needless to mentton that the notices $hall be issued by the Claims TrMbunal to the ownier and the cilriver ofthe offending vehiGle as today they are not present befor®thts Court. 11. The Registw is direoted to transmit the record ot the ©laimstrtbynaj concemed without Turther delay. Roshan/- 12.Certifled copy as per njiles. Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge r"