^,1^ c BEFORE THE HO^J'BLE HIGH COURT OF CHHATTISGARH ..r-'z- .1^! AT BSLASPUR fC.G.) > N0. \^^, M.A. fC} N0. /2008 ^w APPELLANTS :1. ^ ;f/' ^^ r~:,.«/ ^. • " ..^.•.-— ^ ^,.^^ '^ "^-^^' RgSPONDENTS r :!.. ^:. 3. Smt. Heeramoti, Wd/o. Mohit Ram, aged about 36 years Ashok Kumar, S/o. Mohit Ram, aged about 13 years, Minor, through natural guardian mother Heeramoti, Wd/o. Mohitram Both Caste- Kanwar, R/o. Jarhabhata, Tahsil and District Biiaspur (C.G.) VERSUS Vinay Kumar, S/o. Laxmi Shankar Tiwari, R/o. Bandhakhar, P.S.-Pali, District Korba (C.G.) Jitendra Kumar Dixena, S/o. Shri Krishna Kumar, R/o. Sutarra, P.S. Katghora, District Korba (C.G.) The New India Insurance Company Limited, Through : Divisional Manager, Divisional Office- Rajendra Nagar, Bilaspur (C.G.) CLAIM BEFORE THE TRIBUNAL : AWARDAMOUNT : VALUATION OF THE PRESENT APPEAL: \^^ Rs.70,55,000/- Nill Rs.70,fet,000/- MISCELLANEOUS APPEAL U/S. 173 OF THE MOTOR VEHICLE ACT, 1988 HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (Q No. 1625/2008 APPEAL UNDBR SECTION 173 OF THE MOTOR VEHICLB ACT 1988 APPBLLANTS R^PONDENTS Smt. Heeraiaoti and anofher Versus Vinay Kumar and ofhers DIVISION BBNCH:- Hon. Shri Satish K. Agnihotri and Hon- Shri N.K< Agarwal, JJ PRESENT: Shri Gautam Khetrapal, Advocate, for appellants. Shri Dashrathi Gupta, Advocate, for respondcnt No< 3. OR D E R (Oral) ( Passed on this 1st day of Deceixiber, 2009) Heard. The instant appeal arises iroxa fhe onler dated 27-9-2008, passed by ffae Ist Additional Motor Accident Claims Tribunal, BUaspiir ia Claica Case No. 6/2006 rejectiag fhe clahn of the appenaiits on the ground that fhe claimants/appeUants have failed to prove that fhe accideiit was caused by fhe vehicle - Marahal bearing Registration No. CG-12/7660. On a perusal of tiie chatlan filed by fhe police, it was found that ia a criminal case, fhere is a speciflc mention of the vehicle beadng registration No. CG-12/7660 which was iavolved iii fhe present accident. It appears fh.at learaed Tribunal has come to a hurded conclusion wifhout exammmg the case from all angle oxily on the basis of not mentiomxig of registration number offhe vehicle ia the F.I.R. We have exainmed all fhe pleadiags and the documents prodiiced before fhe Claims Tribunal and w^ are of the 7. 8. considered opinion fhat this case requires reconsideiation by permitting the parties to adduce additioual evidences to establish iavolvexaent of fhe vehicle bearing registration No, CG-12/7660 in the accident. Accordingly, the iaipugned order dated 27-9-2008 is set aside aiid the inatter is reiaitted back to fhe Tribunal for disposal afresh. The Tribunal is directed to consider aad decide the claim case ofthe appeUants afresh, ia accordaace wifh law, on its own inerits, as early as possible, prcferably wifhia a period offhree months jfrom fhe date ofreceipt ofa copy ofthis order. The parties arc perxxxitted to adduce additional evidences, ifso advised. The observations, if aay, niade hereiaabove, shall not be constnied as oiir opinion on merit. The appeal is aUowed to the above extent No order asto costs. The Registry is directed to send back fhe papers, reqidsitioned froHi fhe Tribunal, forthwifh. Sd/- Satish K. Agnihotri Judge Sd/- N. K. Agarwal Judge