fHI iii :(ti;'til;'ll t"i- 'J'i- w /^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: CHHAniSGARH ©@ MISC. APPEAL N0. ^^ OF 2005 DWW'00 ^wf^ APPEAL UNDER SECTION J73 OF THE MOTOR VEHICLES ACT. 1988 APPEAL VALUED AT RS. 3.00.500/- (RUPEES THREE LAC FIVE Appellant /lon-Applicant No. 2 l^ HUNDREDONLY) /National Insurance Co. Ltd. f Distt. Ahmadabad (Gujrat) Through its Branch Manager, National Insurance Co. Ltd., Near Post Office, Jagdalpur Re^pondent No. 1. ^iplicants .4^c ^yy/ w ' ^" ^7- Versus •</ Prabhunath, aged adout 7 years, h, <r <?•" Respondent No. 2 ^Non-Applicant No. 1 ^ Sanjay Kumar, aged about 6 years ^ Pawan Kumar, aged about 4 years All minorthrough their Guardian Seduram, S/o Jugwar, All R/o of VHIage IVlohlai, P.S. Kondagaon, Distt. Bastar (CG) a/ Vinod Kumar, S/o Bhagatram ^ Driver, R/o of Vill. Mohlai, P.S. Kondagaon, Distt. Bastar (CG) <^/b/ Jaggu S/o Not known ,«cW^' \^ \ •k ^; ^/ T^/ ^ Laxmi S/o not known Amalsai S/oNot known Punau S/o Not known IVIasu S/o not known Sl. No. (b) to (f) All owners of Tracter No. IVIP 25 B/1812 and Trolley No. IV1R5 25 B/1813 - all are R/o Village || Mohlai, P.S. Kondagaon, Distt. Bastar (CG) ^^ 1 ;.! ^i NttlBin i';'l ^ HIGH COURT OF CHHATriSGAKH, BILA8PUR DB: HON'BLB I.M. QUDDU8I & HOM'BLE PRASIilASIT KUMAR MI8HRA, JJ, M.A. No. 846 of 2005 APPELLANT Natioiial Insurance Co. Ltd. Vs. MISC. APPEAL8 U/S 173 OF THB MOTQR VEHICLES ACT, 1988 APPEARAMCE: Mr. Dashrath Gupte, counsel for fhe appellant. None for fhe respondents. ORDBRfQRALJ (19.04.2011) Per I.M. OUDDUSI. J. 1. List is beiag reyised. Case is agaia caBed out. No^ one appears for the respondents despite service of notice, However, coiuisel for the appellant is present Therefore, we proceed ex-parte agauist the respondents. 2. This appeal has been filed by the Insurauce Coinpany against the impugned award dated 27.04.2005 passed by the II Addl. Motor Accident Claims Tribunal, Jagdalpur, District Bastar (C.G) m Clauu Case No. 103/2004 so far as it relates to ixnposing Uabilily to pay coinpensation upon fhe appellaat. 3. Brieffactsofthecaseaspertheversionoftheclannantsare that on 01.05.2002 deceased Maadhar was coming on Tractor bearing Regn.No. M.P.25-B/1812 & TroUey bearing Regn. No. M.P.25-B/1813. Ou the way at Ghodagaon RESPONDjBWTS Prabhunafh and otfaers i ;. ii: •|i.,tl:i.U;ii) ;i.^."^Si Khaspara, fhe deceased feU down froin fhe Tractor-TroUey due to rash and negligent driviug of non-applicaat no.l Viaod Kumar aad the deceased died ou fhe spot on accouat of the iajuries sustained by him in the said accident. At the time of accident, the deceased was agcd about 30 years and was eamiag Rs. 100/ - per day by doiag labour works as weU as by repairiag cycles. The claunants beiag dependents/legal representatives of the deceased, have inade claiin for the award offhe coinpensation to fhe tuae ofRs.16,20,000/- on various heads. 5. We have heard leamed counsel for the parties and have also gone fhrough the records ofthe Tnbunal. 6. The Insuraace Policy of fhe Tractor in question was a Coniprehensive PoUcy. However, the Tractor Trolley was not having aay seating capacity but fhe einployees are covered under the iasurance policy. It is aUeged that the driver was not haviag valid and effective driving licence as fhe driviag liccnce available on record was aa expired licence which faad expired on 24.05.1999, but the Insurance Coinpany has not produced auy evidence in fhis regard. The Tribunal has failed to noti.cc fhat fhe iasitran.cc PoUcy was not Farmers Coniprehensive Poliey but was a General Coniprehensive Policy and therefore, we are of the opinion fhat fhe matter requires reconsideration at fhe end of fhe Tribunal. 7. In yiew of ttie above, we aUow this appeal in part; set aside fhe impugned award dated 27.04.2005 aad remit the naatter back to the Tnbunal for decidiag afresh. Tnbunal., If necessary, shaU conduct enquiiy as provided in Rule 226 of ^ ^ v^ ^ i:th'^.>,l the C.G. Motor Vehicles Rules, 1994 and Section 168 ofthe Motor Vehlcles Act and shaU also foUow fhe casc law lajd down by Hon'ble the Supreme Court in Raj Kumar -os- A/cgf Kiunar eind cmother decided on 18th October, 2010 and reported ia IV (2010) Acdident & Compensaffon Cases 81S (SC). Needless to niention that fhe pardes shaU be altowed to amend fhe pleadio.gs, adduce further evidence, file fhe docuineuts or get the documents verified etc aad fbereafter the decision shaU be taken afresh by the Clauns Tnbunal. The records of fhe Tribunal shaU be sent back forthwith. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge Rao nwwi*fh-nrtflp«!B*ti«i^4U-*fvaat..