BEFORE THE HON'BLE HIGH COURT OF CHHATnSGARH BILASPUR M.A.(Q N0. ? y /2008 APPELLANT DEPENDANT N0.3 .rr^ RESPONDENTS -CLAIMANTS ^ Oriental Insurance Company^cLt Sadar Bazar, Jagdalpur Distt. Bastar through Divisional Manager, Divisional Office No.2,, Raipur, (C.G.) VERSUS 1 Kamal Kumar Nirmalkar, Son of Shri Sukalu Ram Nirmalkar, age 26 years (Since dead) Smt. Satya widow of Late Kamal aged about 24 years, Sukalu Ram son of Karsan aged about 48 years, Shanti Bai wife of Sukalu Ram, aged about 45 years, All are resident of Plotpara, Farasgaon, Tah. Kondagaon, Distt. Bastar (C.G.) Bodhan Ram son of Janakiram, aged not described, Mahendra Travels Raipur (Driver) Wasan Singh son of Joginder Singh, Mahendra Tour 85 Travels New Bus Stand - Raipur (C.G.) (Owner) ^^^"" MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLEACT. 1988 1 ^\^- .\^I<! w--:.;^ ^0°^ f^^vu c. RESPONDENT N0.2 DEFENDANTNO.l RESPONDENT N0.3 DEFENDANT N0.2 (- ^ 3. %- HIGH COURT OP CHHATriSGARH, BILASPUR APPBLLANT: RBSPONDBNTS: DB: Hon»bleI. M. QUDDU8I 8s Hoa»bleG. MINHAJUDDIN, JJ M. A(C1. No. 13PQ/2Q08 Oriental Insurance Compaav Ltd Vs. Kainal Kuiaar NirmaUkar and others MISC. APPEAL UNDBR SBCTION 173 OF THB MOTOR VBHICLB8 ACT.1988 Appearanee: Mr. Ajay Mishra, counsel for fhe appellaat, None for fhe clahnaiits/iisspondents l(a) t6 (c), Mr, Raja Sharaaa, counsel for respondents 2 & 3, OR&L ORDBR (17.10.2011) Per I.M. OUDDUSS. J. This appeal has been filed by the Insiiraiice Coixipaay agamst tlie impugned awaid dated 28.11/2007 passed by the Additional Motor Accident Clainis Tribunal, Kondagaon District Bastar (C.G) in Claun Case No.91/2007. The facts of fhe case as per fhe version of the claicaaats are tliat on 25.09,2004 Kamal Kuraar (deceased) was travelmg ia Bus bearing Regn,No.C.G,04/E/337 jfrom Farasgaon to Raipiir, The said Bus which was beiag driven by non-appMcaat no, 1 ia rash aad negligent nianner struck agaiast a tree near vUlage Munvaad Dhaba, due to, which he sustamed mjuries on both fhe parts below fhe waist aad he became permaaentiy disabled, The iajiired clamiaat flled clami petition under sections 166 aad 140 of fhe Motor Vehicles Act aad during fhe pendency of F'r ^ ® 6. tlie claun case, he died on 24.02.2006 while undergonig treatment At the time of deafh, he was aged about 26 yeara; he was doing fhe work of washiag and ironiag clofties aad thereby was earaing Rs.150/- per day. The legal representatives have sought a total conipensation of Rs,33 lakhs on various heads ia lieu ofdeafh ofdeceased, The learaed claims Tribunal held that fhe Biis beanag Regn.No.C.G,04-E/337 which was beiag driven by non- appUcaat no. 1 ia a rash aad negUgent laaaner struck against a tree, as a result of which, fhe deceased who was traveling ia fhe said Bus sustamed injuries aad later on he died during fhe course of treatment and fhe claunaats are entiUed to receive a total compensation of Rs,3,24,000/- wifh 6% mterest per aanuin froia fhe non-appMcaats joiatly aad severaUy, We have heard leanied counsel for fhe pardes aad have also gone fhrough fhe record. We have seen tihiat fhere is no nexus of fhe accident wifh the deafhi offhe deceased which happened after IVa years froni fhe date of accident. The deceased sustained iniuries due to tiie said accident aad got inedical treatnient. There was soiae pennaaent disabiUly because of the iajury aad fhe left lower tunbs of fhe deceased becaoie disabled. However, durmg fhe pendency of fhe claun petition fh.e injured clamianLt died axid his legal heirs becaoie fhe representatives of his estate, therefore, the legal heirs would be entifled to fhe expenses iacxirrcd in gettiag fhe trcatment as well as fbr loss ofestate. We are of fhe opiaion fhat for fhe above purpose, fhe niatter requires reconsideration at fhe end of fh.e Tribunal, Hence, we allow fhis appeal in. part, set aside fhe impugned award dated ^'I 8. 28.11.2007 aad remit fhe matter back to the Claims Tnbunal for decision afresh m Ught of fhe obser^ations made hereinabove, Needless to mention that fhe parties shaU be aUowed to amend the pleaduigs^, adduce further evidence, file dQCuraents or get fhe dociiments verified etc,, aad fhereafter fhe Tribunal after conductmg proper enquiry shall inake fhe award. The parties shall appear before fhe Tribuxial on 30th NoveEaber, 2011. The records offhe Tribunal shaU be sent forfhwith, No order as to costs, Siace fhe clainiants are not prcsent despite repeated calls, fhe Tribunal shaU issue notice for presence to flie claimants, In fhe result, fhis appeal is atlowed ia part. No order as to 1 ~—~ cost, Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge