BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) Misc. AppeaKC) No. 9^ /2010 APPELLANTS ^f 1, Dayal Singh, S/o Ramsai, aged about 35 years, Rlo Village Jhansi, P.S. and Tcihsil ^ Surajpur, District-Surguja (C.G.) Raju, S/o Udaysai, aged about 25 years, Occupation - Driver, Resident of Village Tiwragudi, P.S. Ramanujnagar, Tahsil Surajpur, District - Surguja (C.G.) Smt. Laxmania W/o Pancham, Tikam Singh, S/o Ramdhan, Premsai S/o Viph, Narendra Singh S/o Late Rohit Vijay Singh S/o Late Rohit, Sanjay Singh S/o Late Rohit, . Ravindra Singh, S/o Late Rohit, Smt. Laxmi Devi W/o Late Rohit, Smt. Nanki Devi W/o Late Purshoftam, All the appellant no. 3 to 11, are resident of Village Jhansi, P.S. and Tahsil - Surajpur, District - Surguja (C.G.) Tajuddin @ Gudda, S/o Late Samsuddin, aged about 30 years, Resident of Village - Manpur, P.S, and Tahsil - Surajpur, District - Surguj'a(C.G.) ...10. 11. 12. RESPONDENTS VERSUS : 1. Ganesiya widow lady of Premsai, aged about 30 years, Occupation - House wife Resham D/o Late Premsai, aged about15 years, ^ 3. 4. ^- Sushma D/o Late Premsai, aged about 13 years, Ku. Reeta D/o Late Premsai, aged about 06 years, Respondent no. 2 to 4 are minor, through natural guardian of respondent no. 1, Ganesiya Bai, all the respondents are resident of Village Nakna, P.S. Ramanujnagar, District- Surguja (C.G.) Branch Manager, Through -State Bank of India, Bra.nch Office - Surajpur, District Surguja (C.G.) Laluram S/o Jaikaran, aged about 35 years, Occupation - Agriculturist, Resident of Parsapara, P.S. and Tahsil - Surajpur, District-Surguja (C.G.) APPEAL AGAINST THE AWARD UNDER SECTION 173 OF IVIOTOR VEHICLEACT. 1988. \^': ^. OF AT ICI No. Dayai Slngh and others. : Ganeslya and others. APPEAL UNDER SECTION 173 OF THE VEHICLES ACT, ,1988 DB: Hon'ble Shri Justice N. K. Aganwa! & Hon'ble Shri Jystlce R.L. Jhanwar. : Shri Suni! Tripathi, counsejfortheappeljants. on 1Sm day of November, Per N. K. Aaarwai, J. Thls Is owner's fiied agalnst the award dated 07-08-2010, by Second Additionai Motor Accldent Ciaims Tribunai, F.T.C., Surajpur, District -Surguja (for short 'the Tribunal') in CJaim Case No. 89/2006. facts of the accordlng to appeilants are that on 29-01-2005, Premsai (slnce deceased) vvhlie pouring water En the Tractor bearing registration No. M.P. 27 B/4710, aSi of a sudden the said Tractor moving and Premsal feli down, as a result of which he on the spot. The claimants unfortunate wldo'A' and chlidren of the have flied a petition before the Tribunal y/ r^ cSajming compensatlon of Rs.4,50,000/- for the death ofdeceased, in the said accjdent. Learned Tribunat on ciose scrutiny of evidence led, material piaced and submEssIons made by the partles, has held that the said accident had occurred due to and negiigent act of respondent No.1 driver l.e. Raju and awarded a sum of Rs.3,77,000/- in favcur of the cSaimants and as against the appei'ants. Shri Suni! Tripathl, iearned counsel for the •wouid contend that the accldent had occurred due to own negiigence of the deceased-Premsai and the iearned TribunaJ has erred In fastening the liabiljty on the appeiiants. We have gone through the award impugned and aiso record ofthe learned Tribuna!. UndlsputedEy, respondent No.1 Raju was the driver of the Trac-tor. As per written statement flied by Raju, Premsai was the driver of the Tractor whereas as per FIR iddged by him, Premsal was owner of the Tractor. Undisputedjy, Daya! Singh the ovvner of the Tractor. The Jsarned Tribuna! on appreciatlng the evidence led and considering the materia! placed on rec-ord, heid that the accident occurred due to rash and negjigent act of respondent No.t-Raju. ^.A ^i '^ fv .r ^ '%>.Ky 8. The appeijant did not examlne Raju i.e. the driver of the Tractor who was the materia! witness as hs has the incident and aiso lodged the F.i.R. 9. . !n vlew of the above, we do not find any liiegaiity or jrregularity in. passlng tEie by.. the learned Tribunai. Therefore, In our opinion, the being devoid of substance, is llabje to be and Is hereby dlsmlssed at the of admission. Sd/- N.K. Agrawal Judge Sd/- R.L. Jhanwar Judge Kvr