^ '^•1$" INLTHE HIGH COURT OF JUDICATURE AT BILASPUR Misc. Appeal [0 No ^ ^> °F 2009 ^. flSIOB APPELLANT INSURER ^^': ^^''' ^ Bajaj Allianz Insurance Company Limited, through Branch Manager, Shivmohan Bhawan, Vidhansabha ..'t<i-""^^?TtT..'^ ^^^^^ <^A Marg, Pandri, Raipur (C.G.) 9V^L.-"< t^-"" '...-^' RESPONDENTS CLAIMANTS (Father) Mother Versus t^ 1<^ Smt. Bhejuram Sahu S/o Bhauram 2. ^ Driver ^ Sahu Aged about 45 years. Smt. Nirmala bevi W/o Bhejuram Sahu aged about 40 years. Both are R/o In froht of Krishi upaj Mandi Torwa, bistrict Bilaspur C.G. 3. ( Sanjeev Kumar Kashyap S/o late Sundarlal R/o Lal Khadan Bilaspur C.G. Owner 4 (, Shri Saty Nrayan Agarwal S/o late Shri K.C. Agarwal R/o Balaji Fuel Point Korba District Korba C6. APPEAL U/S 173 OF THE MOTOR VEHICLES ACT AGAINST THE AWARD/ORDER DATEb 10.02.2009 PASSED BY. THE 6th ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL BILASPUR .•~' (C.G.) PRESIDED OVER BY SHRI JAIDEEP VIJAY NIMObKAR IN C.T.NO.98/2008. Appeal valued at Rs. 3.30.000/- <& Coyrt^Fee affixedRs.15/- ^ HIGH ©OUKTOP CHHATTI8GARH, BH-A8P»R DB: Hon*MeLM.QUDD®SI& Hon»bleG. MINHAJUDDXN, JJ M.AICl No.936/2009 APPBy-ANT: RBSPONDBKT8: Bajaj AUiao^ Insuraace Co. Ltd, Vs. Bhejiiram Yadav aad others MI8C. APPEAL UNDER 8BCTION 173 OP THB MOT@R VEaiICLIMI ACT.1988 App<?arattce: Mr. Abhishek Smha & Mr. Q.S, Ratal, counsel for tfae appelbmt Mr. Rajexidra Patel, couiisel for respondents 1 & 2, Mr, Ravi Raajaa Sinha, counsel for respondeat no,4, Per I.M. OUDDUSI. J. ORAL OR0BR (28.07.2011) 1. This appeal has been filed by fhe -Insuraiice C<Mapa33y ag^iast the impugned award dated 10.02.2009 passed by the VII Addl. Motor Accident Clafcois Tribiinal, Bilaspur, District Bilagspur (C.G) in Claim Case No.98/2008. 2. Brief facts of fhe case as per fhe version of clgdanaats are fhat fhe deceased Bhagwat Sahu was workiag as helper iB a Taiiker. On 05.07.2008 when he was on duty, the said Tanteer which wsus being driven by non-applicaat no. 1 Sanjeev Kumar Kashyap ia a rash and negUgent maaner dashed agaiast a trce and tumed turtile, as a result <xf which, Bhagwat Sahu sustaiaed grievous iajuries aad died on fhe spot At ttie time of accident, fhe deceased was aged about 22 yeais and wa® ^:i TC^%^;. •/y,^^, ^1 ff %y^^. II tl ^3^^ | ^</ earaLmg Rs.5500/- per monfh. The Claimants bemg dependents/legal representatives filed claim petitlon u/s 166 of fhe Motor Vehicles Act for fhe award of total compeiisatiioa of Rs.9,04,800/- on various heads. 3. Learaed Claims Tribunal held that the Taxiker bearing Regn.No,C.G.04-JA/7251 metwith accident whfle it was driven by non-applicaat no.l, asa resiilt ofwhich, fhe deceeesed died aad haviag fhus held it has awaxded a total conipensatioa of Rs.3,30,000/- which fhe clamiants are entitied to receive fipom tihie non-applicaate jointly and severaUy, 4. We have heard learaed counsel for the parties aad have also gone fhrough the recoids offhe Tribunal. S. Learaed Coiinsel for the appeUaat has subxnitted that tiie vehicle in question ws^ a vehicle canyiag goods of daBger@iis and hazaidous nature i.e,, Taaker canyiag diesel at fhe time of accident and accordiag to proviso to clause (a) of sub-section (2) ofSection 14 offhe Motor Vehicles Act, fhe period ofdrtvmg licence for such vehicles would be for one y<^r and renewal fhereof shall be subject to fhe condition fhat the driver undex^oes one day rcfipesher course, 6. Nofhmg has been mentioiied by fhe Tnbunal as to whether tiie traELSport vehicle ia question was a vehicle carryiag goods of dangerous or hazaidous natiire and tfaat the driverwas havmg vaUd aad effective driving Ucense on the date of accident ia view of proviso to clause (s^ of sub-sectioii (2) of sectton 14, The Insuraace Company has also not produced any witness in ,r^^^^^>^^S. '<^'~\ \ ;-..,,..-•% v^ ^ W^.K^, ^ ^ ftiat regard. It appears that the TribiMial has aot conducted any enquiry to ascertaia fhe trutii. 7. Therefore, fhis Court is of fhe view that the matter requires reconsideration at fhe end ofthe Tribuiial. Hence, we aUow fhis appeal in part and rcmit tbe matter back to fhe Tdbunal for decision afiresh, The Tribunal shaU also reconsider the iniposition of penal uitercst @ 12% per anniim, which is not proper. 8. Needless to inention fhat fhe parties shall be aUowed to aiaeiid the pleadiags, addxice further evidence, fitle dociiments or get the docuinents venjBied etc,, aad ftiercafiter fhe Tribunal shall pass the award afresh at fhe earUest The parties shall appagur beforc fhe Tribunal on 24*h Aucwst, 2011. The reeords of fhe Tribuiial shaU be sent back without aay furtlier delay. No order as to costs. 9. The amount which has already been deposited by fhe appeUaat shall rcxiiam io. fiixed deposit ia any Natioiialized Bank for a period of one year extendable J&DHI tixxie to time till the fi^esh decision is taken by fhe Tribunal. Rao Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge