A :^"- IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.C.No.^^ M. Appellant: ^ (Non-applicant No/ ^•t^^ t^^^:r~ \%"\^ - -" _/2008. \>^ Respondents: > 1. ?N ftw^cl^^ A ^^' ^ di^ 2. -^^ 3. c.^ <-^ _z3zA ;/s^ 5. Tarachand, S/o Anta Jangde, aged about 46 years, re^ideijitf of village Mutpuri, PoMj&ei -J '^ Station Nandghat, Tahsil Bemetra, District Durg (CG) Versus Smt. Anand Kumari Wd/o Milap Dhruv, aged about 23 years, Chabiram, S/o Milap Dhruv, aged about 1 jear, 9 wa^ ^-w^iw^ Jt^^^k^^^d^^~^(^v^^ S-^v^. Chaiti Bai, W/o Krishna Dhruv, aged about 53 years, Krishna, S/o Mantram Dhruv, aged about 55 years, All resident of village Mutpuri, P. S. Nandghat, Tahsil Bemetra, District Durg (CG). Suraj Satnami, S/o Nikhalu DQ.S Driver, aged about 22 year~s, R/o Village Khapri, Navagarh, Distt. Durg (CG) 6. National Insurance Comgany. ^Cl^'M^ _i....-.-. MEMORANDUM OF MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988, AWARD RS/ 4.88,000/- .'-^^•^-^r^-^^^ ^n ^^^ >. ^ -^JaJf-w ^^eA' Non-applicant No.2 ^5. ^uraj Satnami @ Gajendra S/o ^ s> Non-applicant No.3 6 '<>['^ Nirkhalu Das, Driver, aged about 22 years, R/o Village-Khapri, P.S. Nandghat, Tahsil Bemetra, Durg (C.G.) National Insurance Company. Branch Office No.l, Bhutani Coinplex, G.E. Road, Ware House Bhilai (C.G.) (through not mentioned in the order). AT MR. A KUM^RAISHM.^^J. m.A. (Q TarQchand Vs Smt. .Anand Kumars & others Mr. Sudhir Agarwd, Advocate for th©appe'ibnt. Mr. Sanjay S Agarwai, ^dvocate for respondents No.l to 4. None for rcspondent No.5. AAr. Jitendra ShrivastavG, Advocate appears on behdf of Mr.UNS Deo, AdvocQte for the respondent N0,6. OKDER.cOrai) (1st Mareh, IVSL J; 1, Heard on I.A. hb-7, an appiication fi!ed on behGif of the appeilont for Derrnission to amend ^rJtten statement f-iied before the CIaims Tribunal» 2. The appellant has f'iied this appiication for amendment in Para-4 of i^ritten statement fiied bv hsm betDre the Clajms Tribunai concerned bv which the appeibnt js adniitting the fact af occident as mentjoned in th©cJairri oppi!co:tion< 3. Considering the focts and .circymstances of the cose, the appiicotion is aiio^ed. The appellant is permitted to incorporate necessary amendment jn the ^rjtten statement before the Ciaims Tribunai concerned, 4« Since the oDpeiiant has been Dermltted to amend his lA/ritten staternent, yi4iich is rebted to fixinq of iiabiiity bet^een owner of the vehicle-jn- question and the Insurance ComDany only, ^e think it that the parties shouid.get an opportursity to rebut the amended port of iwitten statement and a!so to iead further evidence in support of their respective- 5. Accordingiy. the award OZ03.2008, so far as it relates to iiabiiity part, the is hereby set and the mcrt'ter is remitted to the Ciajrns TribunQJ concerned ^ith a direction to decide onlv the questiQn of -^^ SjabjJity afresh, subiect to condition that the appellant herein shal! deposit entire amoynt invoived in the smpuQned a%?ard. The CIairrjS Tribunal shall provide opportunity to the parties to adduce further ©vidence,if ony, and a!bw the parties to amend the pleadings or file documents or verify the documents aiready filed on the question of liabjfity, 6, It is ciear that amount of c.ompensation fixed by the Cbims Tribuna! shaii not be jnterfered and the ciaimants shQll be entitied to get ful! amount of comperisation, as awarded', in any case. It. is that jn the Ctajms Tribunai comes to the concbsion that the Insurance Company is jjable to satisf^ fhe impugned Q^ard, in that case it mll be for th@ owner of vehicle-in-question to recover the amount from the Insurance Compony. Z The Parties cre directed to ap'peor before thc Claims Tribunal on 14.4.2011. The Reaistry js directed to transmit record of the Cldnis TrsbynGJ concerned Mrithout any further delay. 1 The Qppeal is ai!oi¥edto the indicQted above. 9._CertJfied copy os per ruies» 'RoshanA Sd/- LM.Quddusi Judge Sd/- Prashant Kumar Mishra Judge