'i IE/APARNA \^ /1YA, \A IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) M.A.(C)No.'3^ 12007 APPELLANT/ NON-APPLICANT N0. RESPONDENT/ APPLICANT ^y^- ^^, ^o^" The Oriental Insurance Company Limited Malviya Nagar, Durg (C.G.) Through : Divisional Manager, Divisional Office, Malviya Nagar, Durg (C.G.) VERSUS Bharat Lal Dhiwar S/o, Late Kartik Ram Dhiwar aged about 39 years . , R/o Vill. Kandrka, Post Limtara, P/s, Kumahari Tehsil : Dhamdha, District Durg (C.G.) Kapil Narayan Sahu S/o, Late Baisakhu Ram Sahu aged about 37 years R/o Ward No. 11 , Kailash Nagar, P/s, Kumahari, Tehsil - Dhamdha, District Durg (C.G.) ^^y-^&^ ^ ^' ^^\^ Late BaisakhuRam Sahu S/o, Late PurshotamRam Sahu Through - Kapil Narayan R/o Ward No. 11, Kailash Nagar, P/s, Kumahari Tehsil - Dhamdha, District Durg (C.G.) MISC APPEAL (CLAIM) UNDER SECTION 173 QF MOTOR VEHICLE ACT. 1988 \ ^ ^~ n... <' HIGH COURT OF CHHATTISGARH. BILASPUR DB: HON*BLBLM.QUDDUSI & HON'BLB G. MINHAJUDDIN, JJ APPELLANTS: RESPONDBNTS: M.A(Cl No. 346/2007 The Oriental Insurance Coinpaay Limited Vs. Bharati/al Dhiwar & aaotlier MISC. APPEAL UNDER SBCTION 173 OF THE MOTOR VEHICLES ACT^1988 Appearaaice: Mr, S. P. Sahu, counsel for fhe appellaat. Mr. C. R. Sahu, counsel for respondent no. 1. Mr, Aditya Shanna, counsel jEbr respondent no.2 y:: Per I.M. QUDDU8I. J. 1. ORAL ORDBR (27.08.2011) This appeal hasbeen fUed by the Insurance Compaay agaiast fhe impugned award dated 11,12*2006 passed by tfae XII Addl. Motor Accident Clakns Tribunal (FTC), Durg, ia Claira Case No. 155/2006 awaiding a total compensation of Rs.3,88,690/- to the iajured claimaat 2. Brief facts of the case as per fhe version of claunaat iajured are fhat ia fhe riight of 03.08.2004, Bharat Lal along-with his Mend Ghaashyam was goiag towards Kuiahad froia viUage Kaadraka by driviag Scooter bearing Regn. No. C.0,07- ZN/4523, On the way, at about 7,45 p.in., near Deeh culvert, one Tempo be^nng Regn.No.C,G.07-ZA/1173 which was beiag driven by no^lappUcant no.l ia a rash and negUgent manner dashed fhe scobter, as a result ofwhich, Bharatial sustamed grievous mjuries^ add his leg bone axid hand bone were fractured. He underwent long-treatxnent aad becaiae permaaenUy disabled. He has filed claim petition u/s 166 of I l^ K ;.i fhe Motor Vehicles Act for the award of total compensation of Rs.10,57,000/-. Learaed Claims Tribunal has held fhat fhe Teiapo which was beiag driveu by non-appUcaat no.l ia a rash aad negUgent raanner dashed the Scooter due to which Bharaflal sustamed grievous injiines aad consequenfly he was put to 23% permaaent disability to him, It appears that peraiaaent disability has not been certified by the Medical Board as fhe iojured claimaat has not appeared before it. It appears that fhe Tribunal has not conducted aay enquiry to ascertam fhe trufh as to whether, ia fact, fhere is soine percentage of pennanent disability aad also whefher fhere is loss ofeamiag capacity with reference to fhe fiinctional disablement. Therefore, we are of the opiaion that fhe matter requires reconsideration at fhe end ofTribiinal. Hence, we aUow fhis appeal in part, set aside the ioipugned award dated 11,12.2006 aad remit the matter back to fhe Tribunal for decision afresh ia the Ught of tlie obseivations made above. The Tribunal, as aa explorer of torufh, shaU conduct enquiry as provided* ia sections 168 & 169 of the Motor Vehicles Act, 1988 aad Rule 226 of the Chhattisgarh Motor Vehicles Rules for determiaation of 'just coiapensation'. ^. Needless to inention fhat fhe parties shall be atlowed to aaiend the pleadiags, adduce further evidence, file docxunents or get fhe documents verified etc,, aad fhereafter, fhe Tribunal shall take fhe decision afresh at fh.e earUest, The pardes shallappear before the Tribunal on 29A September, 2011. The recoids of fhe Tribunal shaU be sent back without further delay. Rao In the reS,ult, the appeal is atlowed m part. No order as to ?• ' ,—-^-*— T costfs^. \ 1 .sd/:.\. LM.Quddusi Judge Sd/- G. Minhajuddin Judge