v? * » V @§f%$%%§§g%m%a ‘ IN THE HIGH COURT OF JUDICATURE OF CHHATTISG AT BILASPUR M.A. NO. )Eg 12005 /Lakhan Lal Sonwani S/o Gopal Sonwani Aged About 5 1 Years R/o Bhaiu Kona, Tah —Kurud, Distt— Dhamtaxi (C.G.) APPILLANTS (CLAIMENTS) i VERSUS } RESPONDENTS : i2; §f§?h§a§m K . Aged about 29 years R/o Devendra Nagar, Sec.1 Near—Masjid-Raipur, Distt—Raipur (C.G.) 3) Deendayal Somyani S/o L.L.Sonwam, R/o Village- Bhalu Kona, Tah Kulud, Distt Dhamtan' x \ Q‘$ . ¢év ISI .a‘. 52/ 3) V(C.G.) The Compuny Onental ‘ Ltde, Insurance Near Adarsh' Bal Vldhya Mandlr Dhamtan Distt- Dhamtari (CG) u v”) NEEMO OF APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988 . 2 § s HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT M.A. N0. 1298/2005 @ Lakhan Lal Sonwani Versus Sarfaraj Alam and others x RESPONDENTS and negligent manner, behind, as a result of a the Tribunal dismissing the Claim of the claimant giving a perverse finding, is, in our opinion, liabile to be set aside. The claimant has not been given a single penny though he ‘ has spent some amount in getting treatment and also towards pains and sufferings etc. Even the Tribunal has not framed proper issues. Only one main issue has been framed whether the claimant got permanent disability due to accident taken place on 11-6—2003 with Maruti Van N0. CG—O4—ZC-2202 being driven by respondent Sarfaraj rashly and negligently and the answer given is that the claimant is capable to perform the work, which is neither prOpCI‘ 1SSue nOI' a prOpel" anSweI‘. In View of the above facts and circumstances of the case, in our opinion, the matter requires reconsideration at the end of the Tribunal in the light of the observations made above . Therefore, we allow this appeal in part, set aside the impugned award dated 27—4—2005 and remit the matter back to the Tribunal for decision afresh on merit in the light of the observations made above. The claim petition shall be restored to its original number, frame fresh proper issues and after giving opportunity to adduce evidence or to make amendment in the pleading by the parties or to file documents or to verify the documents already filed, the claim petition shall be decided afresh in the light of the observations made above. The Tribunal shall decide the matter expeditiously. The parties present before this Court shall appear before the Tribunal on 14—2—201 1. 10. Record of the Tribunal be sent back without any further delay. ll. No order as to costs. W, Sdl- I.M.Quddusi 1". Judge b l ~ r