l!i1^":'? INTHEfflGHCOURTCHHATTISGARHJUDICATUREAT BILASPUR APPEALLANTS / C LA^}A^^-T^ / / M.A.''"-' /05 l.Ku.Apoorva Pathak D/0 Shri Surendra Pathak aged aboutl 1 years. 2. Shubham Pathak S/0 Shri v Pathak aged about 42years AU R/0 Parijat colony Bilaspur Tah. & Disst. Bilaspur (C.G.) Vs. i:)^i lisa.Bs RESPONDENTS v/\v, vy-"i' ®" ^M'./ <. 4^.' c- /s^./ .^7 e^y • ^^~ C7Y-. Pardeshi ^aBaghel S/0 Jodhan ''" Baghel ag"ed about 40years WO Village Sendri Thaaa Koni Tah.& Disst. Bilaspur (C.G.) ^^2. Aniradh Singh S/0 Krishna Singh (Truck owner ) R/0 Kotmisonar Tah. Janjgir Disst Jajgir -Champa (C.G.) 5 3y The New Indiya Assu. Co. Ltd. !*~< Though Branch maneger The New India Assu. Co. Ltd. Rajendra nagar chowk BILASPUR(C.G.) APPEAL U/S 173 M.V.ACT MM HIGH CQURT CF ¢HH TE1$€3§§H BiLf-‘SPUR CGRAW: Hm’bie Shri i,m.Quédusi,J.& an i#E 5hr: ' Prashan: Kam lgs . ‘ MA. No. s22 of 23:15 ’ iiPPELLimi‘i‘ Versus RESPGNDEMTS Pardeshi Lai Baghei and oihers. Ku. $uneeia Bajpai. Shfi Vivek Shriva$fava CauiiSei fer we apgaeiiaiit. Shrf Avinash Chand Sam; caungei hr rggpandeni N52, Shri Raj Awasthi, sou-rise: for reSgaonc’Eegwi N93. MA. N0. ?48 0f i’Ei‘iiEE AFFELLAN‘TS Ku. Apoorva Pathak and oi'h&!s. Versus §ESPQNDENTS Pardeshi Lai Bag‘hei and others. Shri Avinash Mishfa. ceunSéi far the appelianis. Shri Avénash Chand Sahu, seunsei far respendent No.2, Shri Sudhir Agrawai, comsei for respmdem N633). ' GRAL GEaEF? { gglééigm ‘2} Foiiawing cfai orcier Gf fhe Court wa$ pa$sed r bv L M. Quddusi. J. , 1 These are two appea£s arising out 0f #“e same accidemt mégé against .. l thé common awawi dated 0.9;!921'280‘5; na$$ed by éX Addi'iéersm Motor' Accident C§aims Tribunat (ETC) Biiasggui' (CG) in Claim~$a$e Nas. 7Gf2fi0é and 6§/2004 §§sm§$sing the ciaim petitions. '(2) Brief facts of the case, as nafrated in the cfaim petition, are that deceaseo‘ Anju Pathak and Ku. Suneeta Bajoai were'teacher§in the High Schoo! and were oosted at vmage Pand'rri. On 33/Q4i2603 hoth were going to Pandhi from Biiaspur in Scooty iiiopeci bearing registration No. 6310 ZEI’233i beionging to deceaseoi Aniu Pathait. $cooiy was being driven by s deceaeeei Smt. Anju Pathak. At about 81m am. when they creased Arpa J H a: Ema Ji pl- Briége and reached near Sarkanda—Seepat Chowk triangle men non- appiicant No.1 driving the truck bearing registraiion Ne 61G. i'§ 28/0646 raehiy and negligentiy dashed the Scooty and caueed the aceidenf ae a resuit o§ which head of $mi. Anju Pafhak was crushed and she died en the spot. Ku. Sunee‘ca Bajpai received injuries an her ribs, iefr‘ hand and ieft ieg and she was admitted in Apoilo Hospiiai for treaiment. Ku. Suneeta Bajpai has claimed compensatien of Rs.2?,60,000f—. Deceased $mt. Anju Pathak was aged about 36 years and her monthty saiary was R53! 1 ,406/-, Ciaimants in Ciaim Case No. 68/2604 have ctaimed cempensation of Rs.35,4§,OGOI-. (3) Though the driver of the offending vehicie has not fited any written statement, however, he entered the witness box as a witness of the insurance Company but has narrated a different story than the storv mentioned in the ciaim petition as wei! as narrated by the ciaimants eye witness who was injured in the accident in question and was piiiion rider nameiy Suneeta Bajpai who is also ciaimant in ciaim case No. 7Cri’2004i. According to the driver of the offending vehicie at Mahamaya crossing the deoeased who was driving the Kinetic Honda two wheeier took a short cut in turning and did not take turn towards her ieft side, but this witness is an accused in the criminal case and a charge-sheet has been filed against him for commission of the offence by making accident with his truck and dashed Kinetic Honda resuiting in death of the deceasedtdriver of the .Kinetic Honda and causing injury to the pinion—rider Suneeta Bajpai/ciaimant injured has stated that the deceased was driving the Kinetic Honda and was taking turning towards her left at Mahamaya (Showk and hrst the truck dashed the Scooter from behind the Scooter and crushed . thereafter. The head of the deceased was aiso crushed heiow the wheei of the truck, however the police has recorded statement under/ ... Q) .— gr. Section 16": of Cr.P.C. of Sunii Tiwari Sr’c Shiv Pujan Tiwarf who was aiso an eye witness, and wa‘sgoing fhrough his jeep from Seepat Chewk to ihe Bilaspur market and narraied the story of accideo‘z. His statoment woufd be necessary to find out fhe reai fact regarding ’ihe accideni‘. / (4) $eciion 166 (1) of ihe Motor Vehictes Ast1§88 {for short ‘the Aci’) providaS that an appiica&§on for compensa€ion arising out of an accident of the nature specified in sub-section (‘5) of oeciion 185 may be maoe by the pe.’sons mentioned therein and $ec‘zion 168 provides roar on reoeipr of an appiication for oompensaiion mao‘e under $ec%ion 16G: the Ciaime Tribune! shaiL after giving no‘rice of the appiication to the insurer and after giving the parties (inciuding the insurer) an opportunity ot being heeroi, hoid an inquiry into the ciaim or! as the case may be, each of the claims and, subjeot to the provisions of Section 182 may make an award determining the amount of compensation which appears it to be just anoi specifying the person or persons to whom compensation shaii be paid anct in making the award the Ciaims Tribunal shaii specify the amount which shaii be oaid by the insurer or owner or driver of the vehicie invoivett in the acotdent or by aii or any of them, as the case may be. (5) Rule 226 of the Motor Vehicle Ruiesl $84 (for short ‘the Rules‘) provides for obtaining of information and documents necessary for awarding compensatton under Section 40. It specificaliy provides that the Ciaims Tribunal shalt obtain whatever information ano‘ documents which may be found necessary from the Police, iviedicai and other authorities and proceed to award the ciaim whether the parties who were given notice, appear or not, on the appointee date. (t3) . lt is the duty of the claims Tribunai to find out the truth and the ciaim petition‘ shouid not he treated as a Civii Suit. in this regard, the Hon’hie @ Apex Court has aiso laid ciGwn in paragfagah 'i 'i Gf the Case of Raj Kumar vs. Ajay Kumar and anather wowed in zmi‘} iiZj Scale the Hon‘ble Apex Cour? has held in paragraph 1’? as under :- “11. The Tribunal shouid not be a 3iient spectator when medical evidence is tenerered in regard to the injuries and their effect, in particuiar the extent sf permanent disabiiity. Sections 188 and 169 of the Act make it evident that the Tribunai dees not function as a neutrai umpire as in a civil suit, but as an active explorer and seeker 0t truth who is required to ‘heid an. enquiry into the claim' for determinthg the ‘just compensatieri’. The Tribunai sheuld therefore take an active tote to ascertain the true and correct position so that it can assess the *just compensation‘. The Tribunal should therefore take an active role to ascertain the true and correct eosition so that it can assess the ‘just compensation’.“ ,(7) > Therefore, since in this case the contrary statements. of the eye Witnesses have come, the driver of the offending vehicle who is an interested person has been partiatly believed by the Tribunai though the Tritounat has not believed the spot map prepared by the police and has raised doubt on the correctness of the spot map prepared by the Police. it wouid be proper to record the statement of the aforesaid Sunil Tiwari, the eye witness and for that purpose the matter requires reconsideration at the end of the Tribunal. (8) Therefore, we aliow both the acheais in part, set-aside the impugned award and remit hack the matter to the Tribunai‘for decision - afresh in the tight of observation made above. (9} For aforesaid Sunil Tiwari S/o $hiv Pujan Tiwari, the eye witness shall he summoned and his statement shail he recorded. Besides this. it wiii be open for the parties to amend the pieadings, adduce further evidence. fiie documents or to get the documents verified etc. for which the f’ Tribunal shail aiiow the parties by providing opportunity to them (1 1) Lower Court Racora’ be senf back without further deiay. (i2) Na arder as to costs. l.M.Quddusi sul- Judge j 7, I * " ‘ \R \3/3 r (I O) The games shaii appear befare the Tribunat on ’1 Ti05x’201T. ‘ f