c^^ IN 1HE HI®C© T©FOffilATTISQ^l JUSICATUBE ATBILASP® M*A,No« 4=51 /2€^3 [^ 4P&ICAN1 NDN-APPLICANT ^•^y' '^^ •••••" 0iiibaiWd/©Sakhan &a» aQed 4©yrs* casie-tJraa, ©ccGpa-tlon-Hoase- wife resieieni of vlll^e- Statehar^-p^a, Pos-fe- Sukhara- ^ara» Tefesil & Rslice statiora 'ai'tteaXgao, Disit< Jashpar (C*<3<) vasos a: ^ -Plr®J«J^SoBstrQ€;ti©R WasaR Chal, Korfea Throy@h—Propri-fcor Ja@- Bofeaii Wasae S/o Lio J,L» Wasaii» age<®40yrs<» res- id©Es-tof Korba, Tah. and Disirict- Kezfa (C<Q<} ^2) Jai Rrakash Wasan S/o Li« J\»L*fasaa aged afooyi 40^3^ Through- Pirm J<»JoCo^iru- cUoia'Korba, Tsfesil 8. Dls- irict- K©rba(C.G<) <3 5 KrishRa mm S/o Satigal Sai Nagvesh, 36 yrs» 0CGQpati@a ©T.ly©y,Besideni of village Sfa©kharpyr,T^>sil~ Pat-^ial- ga@, 0ist-fc» Jashpvr, i (43 National Insurance Cemipany Ltolted BraiK;h Office" K©rba 13 Minv Complex Mai^ road Korba (C.6.') MBHOEtANEXM ©FAPPSAL UNOm SB2T3SON 173 _«— '^ZeIZ^ V^JL^i-- 0[C\^SV/ Bei^ ^gclrieved by iaapagned order da'fc©d ^^"_^ .y-'r'^ passed by leari^edl aecemd Moioy accident dai®irifounal (F.T.C*) in aotor ••* •<^.»< r ^^-^.^^iSj-iiliSIIS^i^MS \\ HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.No.156of2003 APPELLANT RESPONDENTS Dilibai VERSUS Firm JJ. Construction & others (APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT) (SB: Hon'ble Mr. N.K. Aaarwal. J.) Y. Present : Shri Sanjay Agrawal, Advocate for the appellant. Shri Sudeep Agrawal, Advocate for respondent No. 1 & 2. Shri AP Sahu, Advocate for respondent No. 3. Shri Gautam Khetrapal with Shri Rakesh Sahu, Advocates for respondent No. 4. ORAL ORDER (Passed on 19.07.2011) 1. This is claimants' appeal against dismissal of her claim by lind Additional Motor Accident Claims Tribunal (FTC) Jashpur (for short 'the Tribunal') vide its award dated 08.01.2003 passed in claim case No. 32/02. 2. The appellant preferred application before the Tribunal under Section 166 of the Motor Vehicles Act, daiming compensation to the tune of Rs. 6,65,000/- for the death of her husband Sukhanram in the -motor accident on 23.10.1999. 3. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions of the parties, held : the appellant has failed to prove the accident in question, and consequently dismissed the claim petition. (v /y^^ i -•^^•^ "Y; 4. Shri Sanjay Agrawal, learned counsel for the appellant would submit the respondent No. 1 & 2 have admitted the accident in the written statement filed by them and the Tribunal has erred in holding appellant has failed to prove the accident. It is further contended by Shri Agrawal that proper opportunity to lead evidence was also not afforded to the petitioner to prove her case. 5. On the other hand, Shri Sudeep Agrawal, learned counsel appearing for respondent No. 1 & 2 would submit the accident has not occurred due to rash and negligence driving of the driver of offending vehicle and therefore the Tribunal has rightly dismissed the case. Shri AP Sahu and Shri Rakesh Sahu also supported the award impugned. 6. I have heard the counsel appearing for the parties and perused the award impugned. 7. The respondent No. 1&2 in their written statement have not specifically denied the accident and involvement of offending vehicle i.e. Dumper bearing registration No. MP-26-D-2546 in the said accident On the contrary they have admitted the date and time of accident but have denied the place of accident. Criminal case was also registered against the driver of offending vehicle. All these facts have not been taken into consideration by the Tribunal while passing award impugned. <€y-—<. ^--' ^—.^ ":<,, ^ ,.^ '"-^t ^/ r A. "^ i i ^IB^ i fc' '""N ^' •'s>s^^;3 8. For the reasons mentioned hereinabove, in the considered opinion of this court, award impugned is not sustained in law. The same deserves to be and is hereby set aside. 9. The matter is remitted back to the concerned Tribunal for deciding the claim case_afresh in accordance with law without being influenced byany ofthe observations made hereinabove. Needless to mention, the Tribunal shall afford proper opportunity to the parties to lead evidence and to flle additional documents. 10. Records of Tribunal be sent back forthwith. 11. The Tribunal shall take decision with regard to amount already paid to the appellant while passing award. Till then the amount shall not be recovered from her. 12. Parties are directed to appear before the Tribunal on 13.09.2011. No order asto costs. Sd/- N. K. Agarwal Judge Sahu