IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT M.A. (C) No.- ^5Tl f^ THE ORIENTAL INSURANCE COMPANY LTD., D.O.-2, CHAWLA COMPLEX, DEVENDRA NAGAR ROAD, SAI NAGAR, RAIPUR, DISTRICT - RAIPUR (C.G.) (INSURER OF VEHICLE ALTO CAR N0.- C.G.-04 B 8187) 'Ss. Vrs. RESPONDENTS/CLAIMANTS :- ^^c ^^ ^ ^' .-v"'..^"^v ^^ .'•!y 1. 2. 3. SMT. BENI BAI AHIRWAR WIDOW OF LATE BHAGIRATH AHIRWAR, AGE ABOUT 40 YRS., KU. MAMTA D/0 LATE BHAGIRATH AHIRWAR, AGE ABOUT 21 YRS., ^" ^ KU. GEETA D/0 LATE BHAGIRATH AHIRWAR, AGE ABOUT 19 YRS., 4. KU. MANJU D/0 LATE BHAGIRATH AHIRWAR, AGE ABOUT 15 YRS., 5. SATYENDRA S/0 LATE BHAGIRATH AHIRWAR, AGE ABOUT 13 YRS., 6. KU. RINU D/0 LATE BHAGIRATH AHIRWAR, AGE ABOUT 11 YRS., RESPONDENT N0.- 4 TO 6 ARE MINOR THROUGH GUARDIAN MOTHER SMT. BENIBAI AHIRWAR, ABOVE ALL RESIDENT OF CHHATARPUR (M.P.) PRESENT ADDRESS - SECTOR-7, SADAK-25, QUA. - 10A, BHILAI, TAHSIL & DISTRICT - DURG (C.G.) RESPONDENTS/NON-APPLICANTS :- 7. LARENCE CENTYAGO S/0 F.X. CENTYAGO, RESIDENT OF HARSH VILLA SHRINAGAR, KHAMTARAI, THANA- KHAMTARAI, DISTRICT - RAIPUR C.G. (DRIVER & OWNER OF VEHICLE ALTO CAR N0.- C.G. 04 B 8187) ^ ... ..2.. APPEAL UNDER SECTION 173 QF MOTQR VEHICLE ACT 1988 HI6H COURT OF CHHATriS^ARH AT BILAaPUR DIVISION BENCH HON'BLE MR. I.M.QU&&L^I S HON'BLE MR. 6ULAM MINHAJUDM:N. JJ. Aroellant Responclcnti IA.A. k1 No.754/2008 The Or»rel-al]jiairance Co. Ltd. Vs Smt. Beni Bai & otheps Present: Mr.Sudhir Agarwal, Advocate fop the appellant. ORG»ER (OroO (1st July. 2011) I.M. Ouddusi. J; 1. Heard. 2. This appeal under Sectien 173 of the Motor Vehicles ^st, 1988 (for short the Act, 1988'), is fited by Ifie appellant-Insurance Company ctollenging the award dated 30.1.2008 passed by the leamed 7th Adctitional Motor Accident Claims Tribunal, (FTC), Durg (for s^ort Ihe Ctaims Tr'ibunaC) in Ctawn Case No.50/2007. 3. Facts of the caae, 'm brief, are that on 06.07.2006 the ctececfied Bhagiral'hi was gaing in the motorcycle bearing registratioji number C@Q7-ZN-2S02. The said motorcycle was being driven by one Pyartlal anol the dtcea^d was travelin9 as plilion rider. When they reached near YMCA Sector-7 Square, Bhilai, a car bearing re9(stration number C604-B-8187, bein9 driwen in ra^i and negligent manner by its driver, dashed the said piotorcyde as a resvtt of whidi the deceased sustdined grievous injuraes on various parts of his bocfy and died. Reporl- of the incident wos lod^ed in the f^>lice Station Bhibi Nagar. The claimants, who are widow A diildren of the deceased, have fited a ckiim application before the Claims Tribunal seeking compensation to the tune of fts.21.00,000/- for the accidental death of the deceased on the ground that the deceased w<xs the wle earning member in the family anel •Niey wepe dependent on his eamin9S. —.. .^. ^f' m^^ .^ 4. The Claims Tribunal allowed claim application of the clainiants, awarded a compensation of Rs,ll,22,114/- omd fastened Ikxbilhyon the appetlant hcrein to pay compensation. 5. We have heard leamed counsel for tiic parties and perused the records of the Claims Tribunal as also the findings giwen h the impugned award. 6- Oi perusal of the record, we found that there is difference of about four months in the death of the deceased and the said accideiit wd even dyring this period the deceased had also attended his duti<ES. Pos^mertem of the deceased was rN>t done and even the treating doctor wo^ not examined and therefore it could not have been ascertained as to whether cause of deal+i is result of tiie accident or any other reason. Thus, the etaims Tribunnl hfl® committed an error in giving its finding presuming -Niat Ihe deceased dicd due to the said accident oaid therefore we fecl that the nwitter requir^s reconsideration at the end of the Ckxims Tribunal. 7. In the result, ^ne oppeal is allowed in pcu't. The impugn«3lGMiard is set aside and the matter is remitted back to the Ctaims Tribiffial for takin9 decwon afresh in light of observations made in this order. Nee<tiess to mention that the Claiins Tribunal shall provide opporhinity to 1h®part-tes to adducc further evidence, if any, and aniend the pteadin9S or to fite docutnents or verify the documents already filed ouid thereafter only decision afresh shatl be taken. The amount, vrfiich is in fixed deyosit, shatl remain in Ihe fixed cteposit of a nationalized bflnk for a periodl of one year from today extehdable from time to time. In case, the amount has bcen disbursed, the same ^iall be subject to decision of Itie claim petition afresh. 8. The parties are directed to appear before the Ctaims Tnbunal concerned on 27th Julv. 2011. The Registry is directed to ti'ansmit record of the cteims Tribunal concemed without further delay. No oreter os to costs. 9. Certified copy as per rules. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge ^