IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR(C.G.)_^ QV^^ M.A.(C^No. f^3 of 2011 APPIU-ANTS :1. Ramesh Kumar Chandrakar, S/o Shri Durgam Chandrakar, aged about 47 years, 2. ^^ ^'vr.'....'.--<s~r^::". ^^A^1^1^:.:-^" ^^•:^"^y VERSUS Smt. Meena Devi, W/o Ramesh Kumar Chandrakar, aged about 42 years ^^- Both R/o Village-lraiguda, Post Office-Sikosa, Police Station & Tahsil-Gunderdehi, District-Durg (C.G.) ro^--gLtt • RESPONDENTS :1., Manharan Chandrakar, S/o Shri Mangturam Chandrakar, aged about 43 years, R/o Village-lraiguda, Post Office-Sikosa, Police Station & Tahsil-Gunderdehi, District-Durg (C.G.) New India Insurance Company Limited, through the Branch Manager, Branch Parakh Bhawan, Station Road, Durg, District-Durg (C.G.) CLAIM BEFORE THE TRIBUNAL : AWARDAMOUNT : VALUATION OF THE PRESENT APPEAL: Rs.5,09,600/- NiK ^^'_ Rs.5,09,600/- MISCELLANEOU^APPEAL U/S. 173 OF THE MOTOR VEHICLE ACT.1988 T" W6H COURT OF CHHATTIS^^RH AT WLASPUft OIVISION BENCH: HON'BLE MR I.Al.QUDDUSI A HON'BLE Mft. ^HULAM ttINHAJUbbIN. JJ. Aiiwltant R«soon<tents M.A M No.169/2011 ftamesh Kumar Chandrakar A another Vs Manhcran Chcndrekw A another It; *. V.K. Sahu, Adwcote for thc appellants. None fw the respomlent No.t though served. Mrs. Chitra Shrivastava, Adv. for the r^(wndent No.2. ORbERrOraD (13th May. ZOll) I.M. Quddusi. J; 1. Heard. 2. The appel|ant$ haw f«Mthis iiniiKcsllaiieQus appeal.ogalnst the award daTed 13.10.2010 possed in Claim Case No.15/09 whereby th® leamed 9th Additional Motor Accident Cla»m$ Tribunal, (FTC) Ourg (C&) (fw brevity Ihe CIaims TribunaO has dtsmissed the claim applicotion pf th®appelJants herein. 3. Fact-s of the case, in brief, are thot the appeltants herein have filed a claim petition under Section 163-A of the Motor Vehicles Acl-, 1988 (for shorT ^t-he Act, 1988') bcfore the ClainiiS Tribunal seeking compensdtion to the tune of fts.5,09,60Q/- fpr the death pf dec^ased Ajay Chandrakar @ Boblu, who died in an accident which took place on 14.8.2008 when the tractor bearing registration number CG07-D^7912, in ^ich the (toceiisecl ¥iiaSh engaged as labourer by the respondent No.l herein, tumedturtle and the deceased was pressed under it. 4. The Claims Tribunat, after hecring the partiesj^d CQn^Veriffg^^^t brought on recprd by the part-les in support of thtlr r<^p<aE;ti^ j?<isie, dismissed the claim application. 5. We hwe heard learned counsel for the ptrties. We hav^ pepused the record of the Claims Tribunal. r hafcfc. '^aHp 6. Perusal of the impugned awcrd shows that since the claim petition was filed by the ctatmonts undcr Sect-ion 163-A pf the Act-, 1988, the Clainns Tnbunal has held thot the some is not maintajnable, however, the clflijim pctitkm has been dismissed by the Claims Tribunal on the ground thcrt" thejcNmants failed to provc their case. But we feel that the Claims Tribunalshould not have done so because once it is held thot the cla((n perjtion is, not maintaincfcle, no further finding or ^servotion shouy haye becn niade thereafl-er. Therefore, we are of the opinion that the instant appeal on behalf of the appejlwts deserves to be allowed. 7. Accordingly, we allow this appeol and set fltfide the JHipMflr»^^^ W Hoivever, sjnce allegotion is thot at the time of accident jn qyestion the deceased wos trweling in the said tractor <BW e^ of trartor in question, thierefore,jjberty is granted to the appeltants to approach th®Cornmvsswner under the Wprkmen's Compensation Act- to claim compensatiQn against the respwident No.l hcrein i.e. <wner of thetractQr Hi question, It is made clear that on ctoim (K^cvftum bv^jjiijw^ the Commissioner under the Workmer^Compensati^Aey^sliairi^ question of delay, if any, in the Ji^it of the fact that the claim application wos filed before the Claims Tribunal on 22.4.2009/ the saine was decided by the CtoimsTribundY(<|<sjw^^^^^<^^ apped was filed on 20.1.2011. 8. It is also made clear that the fin<|jn9S of the Clainis Jriibw^js^c^^^^ in the way of the C<^mj^ioiwr unnd^w forming opjnjwi and decidingthe c\|ajrn petition on merits. 9. Cerl-ifjed copy as per rules. / ftoshan/- Sd/- Dr. I.M. Quddusi Judge Sd/- G. Minhajuddin Judge r'— ...;s;:—3ffr:;^l^5ZX