^ 1 Be o APPELLANT NON-APPLICANT N0.1 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fCHHATTISGARH) M.A. f0 No. -^/O Of 2006. :- Divisional Manager, United India Insurance Company Limited, Station Road, Korba, Through Branch Manager, United India Insurance Company Limited, Rajendra Nagar Chowk, Bilaspur, District Bilaspur (C.G.). VERSUS RESPONDENTS ^ ("^ /•••:^>"' 'yy -^-1. Kalawati, wife ofLate Yadav Prasad Sahu, aged about 80 years, ,2. Bhavesh alias Aman Sahu, aged about 8 years, son of Late Ram Kumar Sahu, Both permanent resident of Ayodhyapuri, Jailgaon Chowk, Jamnipali, Korba (C.G.), present resident of Village Sakri, Tahsil and District Bilaspur (Chhattisgarh), CLAIMANTS 3. Smt. Gyatri Devi Sahu, aged about 28 years, wife of Late Ram Kumar Sahu, resident of Village Sakri, Tahsil and District Bilaspur (C.G.). NON-APPLICANT N0.2 APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT. HIGH COURT OF CHHATTISGARH. BILASPUR CORAM: Hon'bleShri I.M. Quddusi. & Hon'ble Shri Prashant Kumar Mishra, JJ. M.A.(CtNo.510of2006 APPELLANT Divisional Manager, United india Jnsurance Company Limited. Versus RESPONDENTS Kalawati and others. APPEAL UNDER SECTION 173 OF THE MOTORVEHICLE ACT. 1988 Appearance: Shri H.B. Agrawal, Senior Advocate with Shri Pankaj Agrawal, counsel for the appellant. Following I. M. Quddusi, J. ORAL ORDER (04/02/2011) oral order of the Court was passed by This appeal has been filed by the Divjsional Manager, United India Insurance Company Limited against the impugned award ciated 24/07/2006 of the Additional Motor Accident Claims Tribunal, Bilaspur (C.G.) passed in Claim Case No. 41/2005 against the liability imposed upon the Insurance Company. 2. The brief facts of the case are that on 12/06/2004 deceased Ramkumar @ Chhotu Sahu was driving the Tempo Trax No.C.G,12/7996, when he reached near village Bisunpur main road dashed against the tree and recejved grievous injuries and he died. He was working as driver and was getting Rs.3.300/- per month. The claimants have claimed compensation of Rs; 4,53,300/-. ^ ^—^^... "^ ?-"'\ Y ii Y'^i^% | /, %-~.^^ ^- 4. We have perused the findings given in the impugned award and the statement recorded of witnesses. 5. The Tribunal has not ascertained as to whether the vehicle was being plighed as a taxi or passenger vehicle and occupants of the vehicle were gratuitous passenger or the passenger or friends of the owner or driver as the case may be. 6. It has also not considereci the provisions of Section 147 of the Motor Vehicles Act i.e. requirements of policies and limits of iiabiiity, 7. in view of the above. the findings are based on incomplete facts and therefore we have no other option but to set-aside the impugned award and remit the matter to fhe Tribunal for decision afresh. 8. In the result, the appeal is allowed in part. S. Parties shall be allowed to adduce evidence, amend their pleadings, file documents or to get the documents verified etc. thereafter, the decision shall be taken afresh. Parties shall appear before the M.A.C-.T. concerned on 14th March, 2011. 10. Lower Court Record be sent back without further delay. Sd/- I.M. Quddusi Judge Sd//- Prashant Kumar Mishra Judge ^3