IN IHE StGS COTOOT OF JODIC&TOBE KX BIIASEOTt (C.6) MISC. SSSSKL SO. /2006 aPPELIANTS AEPLICiUraS Smt. Jayantri Bai, W/Q. Chetan Gajendra, Aged about 37 years, Caste - Kalar y v\/.7. \.-' ^ '' •£' .^ •%•• ^ . .•• ^y i.?" 2y Dhamendra Kiunar Sajendra (Minor), Aged about 14 years, Caste - Kalar 3. lalit Gajendra (Minor), Aged about 17 years, Caste - Kalar J^ipellants No. 2 & 3 S/o. tbe deceased Chetan Gajendra aiid mother, the present Appellant No. 1 Natural Guardian of the J^pellants No. 2 & 3 All R/o. Village Puri, Thasil Charaina, District Kanker (C.G.) VERSXTS BBSECTiDEira'S NCN-APPLICaNTS (ORNER OF IHE VEHICUE) l.c Tarun Kiimar, ^ S/o. Chetan Ram, Aged about 23 years, Caste - Kalar, R/o. Jaisa Karra Charama, District Kanker (C.G. {JSSOSKSCX COMPAHT) 2. € Branch Manager, The Oriental Insiirance Company I-imited, Adarsh Bal Mandir, Dbaiatari, Main Road, Dbamtari (C.G.) V-. APBEBI. ONDER SECTIOH 173 OF MOTOR VEHICTiE ACT, 1988 HIGH COURTOF CHHATTISGARH. BILAS3PUR DB: HON'BLE I.M. QUDDUSI & HON'BLE N.K. AGRAWAL, JJ MISC. APPEAL tS No. 458 OF 2006 APPEARANCE: Miss Farah Miuhajuddia, counsel for the appeUants. t Mr. A. K. Afhaley, counsel for respondent no.2. Per I.M. QITDDUSI. J ORDBR (ORAL1 (16.09.2010) 1. Even when fhe case is caUed out in second round on the revised Ust, no one is prcsent on behalf of respoudent no.l. However, learued counsel for the appellaut as weU as counsel for respondent no.2/Insurance Compaay are present, fherefore, they are heard fixially. 2. This appeal has been filed by the clauuauts agaiast the impugned award dated 27.04.2005 passed by the learaed Ist Addl. Motor Accident Clairus Tribunal, Kaaker, iu Claim Case No.63/2004 dismlssiag the claiin. 3. Brief facts of the case are tbat appeUant no. 1 is widow aad appeUaats 2 & 3 are minor chiklren ofdeceased Chetanram. '' „On 31.03.2004 while Chetaaraia (deceased) was comiag back firoin vfflage Puri by Hero Honda Motorcycle bearing Regn.No.CG-05/A-5658 owned by non-appUcaat no.l, suddenly dashed the cattle near Chawadi bridge aad feU down, as a result ofwhich, he sustaiaed serious head iajuiy. He was brought to the Govt. Hospital, Charama where the doctors lookiag to fhe serious condition gave advice to take APPELLANT8 Sint. Jayaatri Bai aad two ofhers Vs. RE8PONDBNTS Tarun Kuinar aad aaother APPEAL UNDER SECTXON 173 OP THE MOTOR VEHICLES ACT. 1988 hiTn to a better hospital providing tytter treatment. Subsequentiy he was taken to Raipur where he was adnaitted iu Life-worth Super Specialist Hospital aad durmg the course of his treatment, he died on 16.04.2004. The appeUants have filed claun petition seekiug coiupensation to fhe tune ofRs. 17,17,000 f- on various heads. 4. We have perused the impugned award as weU as the lower coiut record. 5. The award has been dismissed mainly on the groiind fhat the deceased was not haviag valid and effective drivin^ license aad the burden of proof for having a vaUd driying Ucense was on the claiiiiaats and not oa the iasuraace company. i 6. It inay be noticed fbat no evidence was led by fhe Insuraace Coinpauy to exhibit fhe insurance policy as weU as iu support of its plea that fhe deceased was not having valid and effectwe dnving license or the deceased who was driviug the vebicle was not covered under fhe iusuraace poUcy. Therefore, holding that the burden ofprooffhat the deceased was having a valid aad effective driving license was on the claimaats is not sustaiaable in the eye of law. 7. In view of the above discussion, we are of the opioion that this is a fit case &r reinaad. 8. In fhe result we set aside the impugued award dated 27.04.2005; allow the appeal iu part aad remit fhe inatter back to the Tribuual concemed. The claun petition shaU be restored to its oxTgiaal uumber. The parties shall be aUowed to ainend the pleadings aad adduce additioiial evidence as fhe case niay be, if they so desire. The Tribuaal shaU decide ^ ^,the claim petition as early as possible preferably withia a period of six inonths. The records be sent back to fhe Tri.bunal forthwifh. SdA i? . N.K.Agrawal I-lVLQuddusi | \ Judge Judge | ^ ._._„---- — - - Rao r