•V-,- C^)S> l^ Y IM?!sn Bench IN THE mGH COURT OF JUDICATURE AT BDLASPUR CHHATHSGARH MISCELLANEOUS APPEAL N0.- -^C^ OF 2005 (MEMORANDIMOFAWEALU/S 173 OFTHEMOTORVEHICLESACT, 1988) APPELLANT v ^. .<•• ^^•" ^v ^ON-CLAIMANTS ./• \^ ^Mamiulal Sahu, S/o Hirauram Sahu aged about 45 years, ResL/o - Moulee Para, Telibandha, Raipur TahsU & District - Raipur (C.G) \/ ^ Sliatnbhunath Eteuv, ?>lo Bnjlal , " Dhruv Agriculture Departmeiit, i Raipur,Tahsil & District—Raipur (G.G.) 2^ District MagisrtratB , State of Chhattisgarh, Through- Officeof District Magistrate , Raipur District - Raipur (C.G.) MEMORANDUM OF APPEAL UN^RSECT£ON173 OF THE MOTOR VEmCLES ACT, 1988 .."s'.y-^ /!>^ HI6H COURT OF CHHATTIS6ARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QU&&USI & HON'BLE MR.SUL^M MINHAJU&DIN. JJ Appellant Respondents M.A. No.569/2005 Mcmnulal Sahu Vs Shambhunath & others Presejit: AAr. S. Pondya, Advocate for the appeltant. Mr. A. Kumar, Advocate for the respbndent No.l. Mr. R. Tripathi, Panel Lawyer for the State. OR&ER(Oran (30th Ai^ust. 2011) I.M. Quddusi. J; 1. Heard. 2. The appellont-claimant has filed this misceltaneous appeal against the award dated 07.01.2005 passed by the leamed 13th Additional Motor Accident Claims Tribunal, (FTC), Raipur (for short 'the Claims Tribunal') in Claim Ca.se No.35/2004. 3. Facts of the case, in brief, are that on 19.3.2003 the injured claimant wcxs coming to Village Khodekama from Raipur in the jeep bearing registration number MP02-0124. On the way, near Vidhon Sabha Road, Raipur the said jeep turned overturned due to rash and negligent driving by its driver as a result the claimcint sustained grievous injuries on his body and lookin9 to serious condition he was admitt-ed in the Medical College t-lospital, Raipur for treatment. On account of the permoment disability sustained by the claimant in the said accident, he filed a claim application seeking compensation to the tune of fts.6,00,000/- on the ground that due to permcnent disability, he has suffered loss of income. 4. The Claims Tribunal vide impugned award dismissed the claim application of the claimant on the ground that the claimant failed to prove his claim. 5. We have heard learned counsel for the parties. We ho.ve atso perused the records of the Claims Tribunal. Y ^ » "?u -' /" 6. Perusal of the record shows that the appellant has filed admission <& discharge ticket of the hospital, permanent disabitity certificate and proof of treatment taken by the claimant in the hospital, but all those documents do not correlate The injury received by the claimant, though he has alleged that he was traveling in the said jeep. Shri Virendra Kumar (AW-2), who is or\ injured eyewitness of the accident, has also stated in his statement that on that day he was also traveting with the appellant- claiinnnt. A newspaper cutting hcis also been filed as additional document by the appellant in this appeal to the effect that the accident had taken place on the previous day of publication of newspaper in which names of The driver of jeep in question, the appellant herein and other eyewitnesses were mentioned. It is also (nentioned in the said newspaper cuttin9 that one Shri Batvinder Singh Saini © Saggi, who was Ward Member of the concerned Ward, brought injured persons to Medical College 1-lospital, Raipur in his vehicle, but this Balvinder Singh Saini has not been examined before the Claims Tribunal. Therefore we are of the opinion that his examination is necessary as he would be a material witness of the fact that the appellomt herein was traveling in the jeep in question or not and for this, the matter should be remifted back to the Claims Tribunal. 7. In the result, the appeal is partly allowed, impugned order is set aside and the matter is remitted back to the Claims Tribunal for decision afresh. Needless to mention that the Claims Tribunal shatl provide opportunity to the parties to adduce further evidence, if any, or To recall the witnesses, amend the pleadings or to file documents or verify the documents already filed and then decide the claim petition. The parties are directed to appear before the Claims Tribunaf concerned on 12th October. 2011. 8, The Kegistry is directed to transmit record of the Claims Tribunal concerned without further deloy. No order aa to costs._- Sd/- G. Minhajuddin Sd/- I.M.Quddusi Judge Judge Roshan/-