IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.^ M.A. fC) N0. !<» /2008 APPELLANT s^ *",.-" ^: '^..'';"" ..' .'^\,. "" ^ '.-..^"•;......'^;u ••^: /RESPONDENTS :1. 3.^ /Sheikh Rajiulla, S/o. Khaliluddin, aged about 30 years, Caste- Musalman, R/o. Bagbudwa, P.S. Pathariya, Tahsil Mungeli, District Bilaspur (C.G.) VERSUS Gurmit Singh Baggi, aged about 45 years, S/o. Shri Nirmal Singh Bagga (Vehicle Owner) Vehicle NO.C.G.-10-ZB/1489, R/o. Near Bus Stand Pathariya, Tahsil Mungeli, District Bilaspur (C.G.) Om Prakash, aged about 30 years, S/o. Shri Lakhan Lal Yadav, R/o. Pudheli, Tahsil Pathariya, District Bilaspur (C.G.) (Vehicle Driver) The New India Insurance Company Limited, Through : Branch Manager/Divisional Manager, Rajendra Chowk, Bilaspur, Tahsil and District Bilaspur (C.G.) CLAIM BEFORE THE TRIBUNAL AWARD AMOUNT VALUATION OFTHE PRESENT APPEAL Rs.16,70,000/- N11 Rs.l6;70,000/- MISCELLANEOUS APPEAL U/S7173 OF THE MOTOR VEHICLE ACT, 1988 r~ HIGH COIWT< CHHAmBQAiai. BIIAaPUR DB: StGSPWMJja. ^a?DU8I A HOIPBLB G. MUmftJIIDDIN, JJ MISC. APPBAL (Ct »0.1038 O^ 2©CW v^. RBM»OW®BRT8 Giu'mit SiaiRhi Bagg^ and others APPEARANCB: Mr. Giiatam Kheteapal, couBsel for fhe a^pdtoaat Mr, Shivendu Paadya, <x>unsel for rcspondeat ao.3. Per LM. QUDDUSI. J (13.06^011) 1. This appeal has been fited by the etebnaiit agaixiat fhe impugned awaiddated 15.02.200a passed by fhe WI Addl. Motor Accideat Claims Trffninal Bilaspur dismis^ng tte claim appUcation of fhe appellant on fhe gxouiid fhat (he First Information Report was filed after aboiit six moathjs J&t>m the date offhe accident It is an injuiy case. 2. Bnef facte of fhe case as per tihe version of fhe clsrixoaatt are that on 30.04.2003 at about 1.00 p.m., llae claimaiit iiijiixied was going to Bagbudwa &WSL Muiigeli pn his Motorcycle, On fhe way at big bazaar near Indira Chowk, MuageU one Dumper bearfcag Regn.No,C,G, 10-ZB/1489 wtuch was being driven by its driver m a rash and aegligent manner dashed the motorcycle, as a result ofwhich, appellaat fell dowii and sustaiaed fatal injuries. At fhe time of accident^ appeUaat has seen fhe iium.ber of Dumper as C,G.10-ZB/148©aad / APPBLLANT Sheildi RajiuJBa, ""--. ^^ 1 •^ 4. Gurmit Sia^ht Bagga has got dowa fix>m the Diimper axxd then he mstracted his driver to flee fpDm tite sceiie, The driver of fhe duxiiper fted firom the scene aloag-witli fhe vefaicle. Afber fhe accident, fhe appeflaat becaxae uiiconscious. He sustaiaed iajuries on heody i^ai»t, sfaoulders and faands. His teft haiid fiiige^s i^eie cCTished. He was admitted ixi District Hospital, Bilajspurwfa^re Ite was operated and a xod was fixed beeause offiracture cCboaie and still he was uiidergoiGig treatoaaeiifc The appellaat becaae pennaaenfly disabled due to aceidexit and he is iiaable to do aay work. Afiter his recoveiy, he iadformed to fhe pcdice statkm Mungeli rega^diag fhe ^scidteiit fhat is after ftMir xooxifhs of the mcideiat but tfae poHce did isot tafce aiiy action. At fhe tune of accident, (he appeUant was worldng as Sports Teacher acid was drawiag moBtihfy salaiy Rs.SiOOO/ - and fae is uiiable to perfaumi Ms duly diie to mjuries sustauaed by him. The appeUaat has ffled dtaim petition far fhe award of compe3Gtsation to fhe tuiie of R8.16,70,000/- 011 vadous heads. At this stage, learned coiiaasel ^to fhe appellaixt^^Bte te withdraw the claiaii. petitfc^^ as he filed a coiaptoixit case against thie driver of fhe vehicleand in case he succeeds to piove fhe factum of accident, he may be gwen Mberty to file iresh claim petitlan fbr coiiipensalion, Considermg the facts and ciaxsumstea^es of the case, we are ofthe opiEiion fhat Hberty be graaated t©ffae appellsmt to fite a fresh claim petition ia case he sueceeds in pxxwio^ ttie accideiit m tihe complaiaA ease ifthesaiQeisfiledl, i S "^ J "^s^" '^^^^y)' (7> 5. Therefore^ fhe appeal is aUowed ia part. Thie ioapugiied award is set aside and fhe claim petitlon ia aflowed to be witfadrawn with Uberty to tfae appeHant to file a &esh claim petition only ia the event of his getting aiiccess iii provmg fhe accideat in fhe crmimal case io. case a complaiBit cose is ffled. 6. It is hercby clarified that we have not coiisddered the questfon of Ifanitation etc.^ in jBltiig fhe comptemt c^se as fhat is not fhe subject matter before us, —_ Rao Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge r~^