l'" .<<• uu nel £^1 4V c^ '.SISVR^, IN THE HIGH COURT OF JUDICATURE AT BILASPURfC.G) ) MISCELLANEOUS APPEAL NC^Li 6/2002 MvlsitB 2W& APPELLANT 'CLAIMANT 1) • Kanhai Lal Jain, Aged about 55 yrs, S/o. Late Ganga Baksh Jain, Occupation-Iron Merchant R/o. Telghani Naka, Station Road, Raipur, Tah & District: Raipur (CG) BT'-i'-e'usa'aa RESPONDENTS/ NON-APPLICANT ^ 'a^..^' ..•' e^yW.^1'''' ^^y ^•^gv' o' 1) •^•^ 2) 3) VERSUS Shyamlal, aged 30 years, S/o. Duliram Yadav, Occupation-Driver R/o. Subhash Nagar, Raipur, Tahsil & Dist:Raipur (C.G) Nirmal kumar Jain, aged 28 years S/o Harkchand Jain, R/o Samata Colony,Raipur Tahsil & Dist: Raipur (C.G) The New India Insurance Co.Ltd. Branch Office H-34, Cannaught. Circle, New Delhi Through Divisional Manager, Divisional OfHce,Ja^-Road, Raipur(C.G) \.,^'~ Miscellaneous Appeal under/section 171J^lQtor_Vehicle Act 1988 L<P 1-1^' a g;; ais ^igii M^;:;:< ^!tS.;S Ig^S^ HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT Claimant Misc. Appeal No. 348 of 2003 Kanhai Lal Jain VERSUS RESPONDENTS : Shyamlal & Others Non-apDlicants APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.IVI. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri AL Singroul, Advocate for the appellant. Shri Ravi Maheshwari, Advocate for respondeni No. 3. ORAL ORDER (Passed on 08.10.2010) Per: I.IVI. Quddusi, J. Heard 1. The instant appeal has been preferred by the appellant/claimant against the award dated 11.10.2002 passed by the lllrd Additional Motor Accident Claims Tribunal Raipur (for short 'the Tribunal') in cl?im case No. 49/99, dismissing the claim application preferred by the appellant/ctaimant. 2. Brief facts of the case as per claimants are that, on 22.05.1997, the appellant, while traveling in Car Tata Siyara bearing registration No. DL-3/CJ-2658, was dashed by the Driverof Bus bearing registration RJ-14-B/4575, due to which he -<- sustained multiple injuries. 3. The claimanVappellant preferred an application before the Tribunal under Section 166 ofthe Motor Vehicles Act, claimina a:}sii!ts::!S compensation to the tune of Rs. 12,00,0007- for the injuries sustained by him in the said accident. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions of the parties, dismissed the application preferred by the appellant/claimant, holding that the Bus driver was driving the vehicle rashly and negligently, but, the driver and owner of the said bus has not been made -as a party respondent in the c!aim application, and further, the treating doctor has also not been produced in the witness box. In view of above, we do not flnd any illegaiity or any good ground to interfere with the award passed by the Tribunal. Accordingly, the appeal deserves to be and is hereby dismissed. No order asto costs. Sd/- I.M. Quddiisi Judge Sd/- N.K. Agrawal Judge