^ s... HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Hon'bleShri T.P. Sharma & Hon' ble Shri R.N. Chandrakar, JJ Appellant Claimant M.A. No. 970 of 2003 Jagatu Ram S/o. Magar, aged 45 years, Caste— Bhatara, resident of village Chapaka, P.S. Bhanpuri, Distt. Bastar (CG). Respondents Non-Applicant Vs. 1. 2. Ashutosh Prasad Singh S/o. R.P. Singh, Advocate, resident of D-279, Taigor Nagar, Raipur (CG). The New India Assurance Company Ltd., through Branch Manager, the New India Assurance Company Ltd., Branch Jagdalpur, Near Jhankar Talkies, Jagdalpur, Distt. Bastar (CG). (Appeal underSection 173 of the Motor Vehicle Act, 1988). Present: Shri SusbhashYadav, counsel for the appellant. Shri Raj Awasthi, counsel for the respondent No.2. Oral Order (Passedon 10-2-2010) PerT.P.Sharma,J. By this appeal under Section 173 of the Motor Vehicle Act, 1988 (for short, "the Act, 1988"), the appellant has chaltenged the legality and propriety of the impugned award dated 24-7-2003 passed by Ist Additional Motor Accident Claims Tribunal (for short, "the Tribunal") Jagdalpur, in Claim Case No.2/2005, whereby the Tribunal has dismissed the claim petition in absence of any evidence. V 2) The impugned award is challenged on the ground that the court below has not provided just and reasonable opportunity of adducing the evidence and thereby committed illegality. 3) Brief facts for necessary disposal of this appeail are that the present appellanthas filed the claim petition under Section 166 of the Act on account of injuries sustained by the appellant in a motor accident against the respondents on 26-1-2009 and thecase was fixed for recording the evidence of appellant on 3-5-2003 and the Tribunal has dismissed the claim petition on the ground of failure of adducing the evidence. — 4) We have heard learned counsel for the parties and perused the impugned award and record ofthe Tribunal, 5) Learned counsel appearing for the appellant vehemently argues that although the appellant under obligation to adduce proper evidence to prove his case case, but the Tribunal has not provided reasonable and proper opportunity of adducing the evidence. Learned counsel further submits that this is a case of award of compensation on account of injuries sustained by the appellant in a motor accident and the Tribunal ought to have afforded proper and reasonable opportunity to the applicant to adduce his evidence. Learned counsel further submits that in the present case the attitude of the Tribunal was harsh and the claim petition was filed on account of accident, therefore, the Tribunal is required to take liberal approach. 6) On the other hand, learned counsel appearing for the respondent No.2 submits that reasonable and proper opportunity of adducing evidence has been given to the appellant by the Tribunal and the Tribunal has rightly dismissed the claim petition filed by the appellant. 7) On due consideration the impugned award and the effect of the order, we are of the view that in case of claim on account of motor accident, the Tribunalis required to take liberal approach. The order sheets of the Tribunal reveal that reasonable opportunity has not been provided to the parties for adducing their evidence in order to prove their case. 8) Taking into consideration the facts and circumstances of the case, we are of the considered opinion that the impugned award is not sustainable under the law. Consequently, the appeal is allowed and the impugned aw^rd dated 24-7-2003 passed by the Tribunal is hereby set aside and the matter is remitted back to the Tribunal, Jagdalpur , for providing opportunity of hearing to the parties, especially for proving their documents and adducing evidence in their support and the Tribunal shall decide the case afresh expeditiously, in accordance with law as early as possible, preferably within a period of six months from today. Parties are directed to present before the Claims Tribunal on 15-3-2010. No order as to costs. 9) Record of the Tribunal and copy of this order be sent to the Tribunal concernedjmmediately. Raju Sd/- T.P. Sharma Judge Sd/- R.N. Chandrakar Judge