IN THE HON'BLE HIGH GOURT OFCHHATTISGARH AT BILASPUR M.A. (C) No.- 1200Q { THE ORIENTAL INSURANCE COMPANY LIMITED,LOCALBRANCH OFFICE (C.G.) ^^w//^^^ APPELLANT Vrs. ^l RESPONDENTS/CLAIMANTS:- ^..a* '^•0V' >-a* VIVEK TAMRAKAR S/0 DHRUW TAMRAKAR, OCCUPATION - BUSINESS, AGE 26 YRS. RESIDENT OF 8ARANATOLY, JASHPUR NAGAR (C.G.) RESPONDENTS/NON-APPLICANTS:- , ,./^; yay^SH°ft- £^SA 2. 4tAJKOSIIORE SINGH S/0 LATE VASUDEV SINGH, KABIR CHOWK, JUTE MILL ROAD, RAIGARH (C.G.) 3. RAJESH KUMAR VISHWAKARMA S/0 NEHARU RAM VISHWAKARMA, VILLAGE- GHOLENG, TAHSIL & DISTRICT - JASHPUR (C.G.) APPEALUNDERSECTION 173 OFMOTOR VEHICLE ACT 1988 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR. G. MINHAJUDDIN. JJ. Appellant Respondents Claimants M.A. fcl No. 61/2009 Vs The Oriental Insurance Company Limited, Local Branch Office, Raigarh (CG) Vivek Tamrakar and another Present: Mr. Sudhir Agrawal, counsel for the appellant/insurance company. Mr. MK Baeg,counsel for respondent No.1. Mr. SP Sahu, Advocate on behalf of Shri Ajay Shrivastava, counsel for respondent No. 3. ORDER (Oral» (4th July, 2011) Per I.M. Qucklusi. J; 1. This appeal under Section 173 of the Motor Vehicles Act has been filed against the award of Motor Accident Claims Tribunal, Jashpur, dated 18.8.2008 passed in Claim Case No. 32/2007, whereby claim petition under Section 166 of the Motor Vehicles Act of respondent No.l/claimarit has been atlowed in part. 2. Brief facts of the case are that on 7.10.2006 respondent No.l/claimant had hired Martial Jeep No. CG 14/0045 for the purpose of his business and had gone in that jeep to Kunkuri. He . was sitting in the back seat. However, on 8.10.2006 at about 3.30 in the morning, near Annapurna Hotel, when they reached Purani Toli, Jashpur, a bus bearing No. CG 13ZA/0112, whtoh is owned by respondent No.2 and insured with the appeltant, came from Raigarh in a rash and negligent manner and dashed the said Martiai Jeep, as a result of which the ciaimant sustained grievous injuries and suffered 60% permanent disability. 3. Heard learned counsel for the parties and perused the impugned award. iv\ 4. The instant matter relates to compensation to the injured claimant, but no treating medical officer or member of the Medical Board was produced in the witness box to prove the injuries and permanent disablement, therefore, the whole award is vitlated due to this reason alone. 5. Sections 168 and 169 of the Act and Rule 226 of the CG Motor Vehicles Rules, provide that the Tribunal shall conduct an enquiry to determine the fact in respect of award of compensation. Therefore, we are of the opinion that the Tribunal was not justified in treating the claim petition as a civil suit and deciding the same only on the basis of pleadlngs or the evidence adduced by the parties. 6. Therefore, in view ofthe above, the Tribunal should have conducted a proper enquiry and shoutd have summoned the treating medteal officer and one of the members of the Medical Board, which has not been done. We tiave also noticed that the application under Section 170 to contest the case has been rejected. In these circumstances, where a huge amount was involved as compensation and the same 1 was to be paid by the insurance company; plea of the owner-driver of the vehicle was that since the vehicte was insured, therefore, the insurance company was tiable and they had no concem with the payment of compensation, assuming that they are free to pay and whatever amount may be excessive is to be paid by the insurance company and therefore, no contest was made in that regard, it should have been deemed collusion towards that part only and thus, the insurance company should have been altowed permission > under Section 170 of the Motor Vehicles Act. 7. In view of the facts and circumstances of the case, the matter requires reconsideration at the end of the Tribunal. Therefore, we allow this appeal in part and remit the matter to the claims Tribunat to decide the case afresh after giving opportunity of hearing to the parties, in the light of the observations made above. The insurance company shall be allowed tocontest. For that purpose, permission shatl be granted to the insurance company under Section 170 ofthe^ Motor Vehicles Act. ^•^ -—g^—BB— X Needless to mention that the parties shall also be allowed to amend the pleadings, adduce further evidence, flle documents or get the documents verified etc. and thereafter, fresh findings shatl be given by the Tribunal and award shall be passed afresh. The Tribunal shall also conduct an enquiry into the ctaim for determining the just compensation. The amount, which is in deposit, shall be kept in fixed deposit in a nationalized bank for a period of one year, and disbursement of the said amount shatf be subject to the declsion ofthe Tribunal. 8. Parties shall appear before the Tribunal on 29th July, 20'[ 1. 9. LCR shall be sent back to the Tribunal without further delay. 10. No order as to costs. 11. Certified copy as per rutes. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge