^ • ^ c IN THE HON'BLE HIGH COURT OF CHHATnSGARH AT BILASPUR M. A. ( C ) NO.^^j^ OF 2009 (D.B.) OiviS'IOn APPELLANTS CLAIMANTS 1. w^ ^" 3. 4. Smt. Lakhami, aged about 40 years Widow of Late Shri Khuti; Shri Ramchand, aged about 23 years S/o Late Shri Khuti; Shri Seetaram, aged about 20 years, S/o Late Shri Khuti; Shri Rameshwar, aged about 18 years S/o Late Shri Khuti; All are R/o Jadiguda (Cherbahar) P.0. Parpa, District Bastar (C.G.). VERSUS Raghu S/o Raidhar, R/o Patelpara Village Hatpadmur, P.S. Parpa, District Bastar (C.G.). (Driver of the vehicle) Jhaduram S/o Baishakhu, R/o Village Hatpadmur, P.S. Parpa, District Bastar (C.G.). (Owner ofthe vehicle) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MQTOR VEHICLE ACT, RESPONDENTS ^ \ HIGH COURT OF CHHATTISGARH AT BILASPUR DMSION BEHCH : HON'BLE SHRI S^TISH K. AGNIHOTRI & HON'BLESHRIN.K.AGARWAL.JJ. APPELLANTS CLAIMANTS RESPONDENTS M.A. (CiNo. 928 of 2009 Smt. Lakhami and others. Versus Raghu and anpther. MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT^ Present : Shri P.K. Tulsiyan, counsel forthe appellants. Ms. V. Shradha, counsel forthe respondents. ORDER(ORAL) (Passed on 17th day of November, 2009) Heard. 2. The appellants/claimants are aggrieved by the order dated 31- 07-2007 whereby Claim Case No.09/2007 w^s dtsmissed by the Tribunalon the groundthat the appellants/claimants were not presentand despite last opportunity granted on25-07-2007, no witnesseswere produced for examination on 31-07-2007. 3. Be that as it may, since the claim has been dismissed without considering other facts and documente on the ground tiiat witnesses were not produced for examination and the appellants/claimants were also npt present. we are of the opinion thatthe matter may be remanded back to the tribunal for decislon of merits. 4. In view of the foregoing. the jmpugned order dated 31 -07-2(X57 is set aside. The matter is remanded back to the Tribunal fora fresh consideration and determination in aecordance witih law, on its own merits. The Tribunal may consider other evidences also, ifadduced bytheparties. ^--.-. 5. The appellants/claimants shall remaln present before the Tribunaf on 15th December, 2009 to participate in the proceedings with their witnesses for examination. The parties are permitted to adduce evjdences, ifso advised. 6. The observations, if any, made hereinabove, shall not be construed as our opinion on merit. 7. The appea! is ailowed to the above extent. No order aste costs. 8. The Registry is directed to send back the papers, requisitionecJ from the Tribunal forthwjth. Sd/- N.K.Agrawal Sd/- SatishK.Agnihotri Judge Kvr Judge