f^, u ,•' ')v ••"iES! !'aa l-'i IN THE HIGH COURT OF JUDICATURE AT BILASPURfC.G) -^oQs SinffteBench MISCELLANEOUS APPEAL N0. APPELLANT . Sudarshan Kumhar, aged about 27 Year CLAIMANT •• S/o. Parsuram Kumbhar R/o. Bajaj Colony, Sector-2, Behind New Rajendra Nagar, Krishna Nagar Raipur (C.G.) VERSUS 1), Salim (Samimuddin), aged 28Year .' ^ S/o. Amimuddin, Occasion - driver R/o. Tikrapara, Bilaspur (C.G.) Tah. &Jila Bilaspur(C.G.) RESPONDENTS/ NON-APPLICANT \^/ .^%/ ^sy /^/:\y //^ />?"' ^/ .?-• -4'y 2), „ Md. Hasan Khan S/o. Ali Ahmed Khan Occupa.tion - Bus owner R/o. Infront of Hotel Anand, Busstand Road, Pandariya, Tah. & Distt. Kavardha (C.G.) 3)/, The New India Insurance Company Limited P/0. Through Divisional Manager, Divisional Office, Kutchheri Chowk, Jail Road, Raipur (C.G.) •^<'.^~ 4) 'Vy} Santosh Kumar Dubey, S/o. Shyam Narayan, Car Owner R/o. House No. 73, Anand Nagar Raipur (C.G.) Tah. & Distt. Raipur (C.G.) Miscellaneous Appeal under/section 173 Motor Vehicle Act 1988 Being aQgrieved by the Judqement and award passed by Eleventh Additional Motor Accident Claims Trjbunal, and District Judge, Raipur, in claim case no. 42)2004, dated 17.63.2005, in the case of Kbetewafl .SKc^^ Vs-Kamlesh & Others. Valuation ofApDeal Rs. -9 3 ^OQZ- The appellant named above most respectfully begs to prefer this appeal on the following facts and grounds amongst others. FACTS OF THE CASE U ^ That the appellant daimed for compensation with the pleadings inter-alia, the Respondent no.l, who was driving the offending vehicle Bus No. C.G.09/ ZA/ 0102, rashly and negligently, Dashed s^r -^ww^, •a'fw'w, [^v^wy. ^-i.T^'i^'W \ ^' sWiian5? SiSB :-R. ,!WSt ^S's(^R ^wRrasii^i <i)RAL ORDER (Passed on 19.4.2007) Heard. M.C.P. No.1215/05 fo delay Is condoned. This appeal is direc< ith |ed against the award dated 17.3.2005 passed by 11 Additional MotorAccident Claims Tribunal, (FTC) Raipur in Claim Case No.42/04 wh^reby atlowing the application of claimant only a sum of Rs.5,000/- h^s been awarded as compensation to the appellant towards injuries su^tained by him in a motorvehicle accident. From perusal of Para evidence available on record any permanent disability in| The impugned award same is based on evidence alvaitable on record. In view of the above, condonation of delay is allovred and the 14 of the impugned award it is observed that the appellant has sufferejd simple injuries and for that he was given treatment by Maikahara l-|ospital, Raipur. However, there is no to show that the appellant has sustained the said accident and considering this aspect the tribunal has awar<jed a sum of Rs.5,000/- towards the simple injuries sustained by the clairjiant. o the appellant appears to be just andthe am of the considered opinion that there is no illegality or inflrmity in thje impugned award passed by the claims 1 tribunal, the appeal being de^oid of merit liable to be dismissed and it is hereby dismissed at the adm?ssion stage itself. 1 Dhu'endra Mishra Judge