APPELLANT RESPONDENTS J r¢wfi"t f ‘ ,ml’.‘ 90‘ 3mm Bench IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR l/Dhuku Ram Sidar, aged about 35 years, S/o Late Shri Prem Singh Sidar, R/o- Village Bhawarpur, Tehsil — Basana, District— Mahasamund, (C.G.). I VERSUS Ll ‘fégg‘, f Paramjeet Singh, S/o LShri Darsan Singh, aged about 24 years, R/o Ashok Nagar, Quar. No. — 983, Buddha Vihar, Thana — Jari Patka, Nagpur, Maharashtra. Smt. Kuldeep Kaur, W/o late Shri Kewal Singh,Aged about — 50 years, R/o ~ 1 06 Gurunanakpura, l Nagpur, Maharashtra. National Insurance Company limited, 10 Vardhman Nagar, Branch, Bandra Road, Nagpur, Maharashtra through: Regional Office National Insurance Company Limited, Raipur, throngl‘rx‘ Divisional- Manager, National Insurance Company, II Floor, Mohin — Mahal, In front of Jilla Sahkri Bank, G.E. Road, Raipur,Tehsi1 and Di§trict — Raipur, (C.G.) F THE MOTOR a MELMh OF APPEAL UNDER SECTION i§O VEHICLE ACT ;n"‘ 1 i 1 ‘ M rn‘G’H CoURT OF‘CHHATTISGARH : BILASPUR V ~ D 3.. Hox£’b1e stui L M. Quddusi & . ‘ o _ ’bl Shr: Mnmd Mon hvasav H e ara ha Sxi’ta, JJ. M.A.No. 1381 of 2004 [Mem% of appeal under Section 173 af the Motcx Veéaxnig Aw} Present Shn Lokesh Kumar counsel fm the appellant N Shn Raj Awasthy, counsel fo1 1espoune1t VO u— Insurance Company ER (ORAL ' ¥ ‘(Piwsed on this 21st day of October, 201$) ear LM. QUDDUSI ’ i E ‘ 1 These two appeals (MA No 1381 of 9004 81, MA No 1%8') ml 9(m42 have been iiiled by the AppeHant/clmmant aganmt the mmhmeu award dated 21 O8 52004 passed by the 1“ Addl Motol Acmdent (Jamie inmma Mahasamund (heremafter referred to as “the Tnhunal") m (mun ( age ' No‘04j2003iand 03/2003 whereby the 'I‘nbunal hag (imamseed the ‘ g aprhcahon § prefened by the appellant-clajmant under §echon 166 of the ‘ Moto: Vehlcle Act for awardmg compensanon ‘ ‘ i .V «p Bnef facts of the case as per the verston of the anpeliant elmmanf r Pet.ant- are that on the date of meldent 1e on 30 1’) 1999 when the ap \ iv ‘ ‘ P ’Aggellant Dhuku Ram Sidar Versus Resgonde t§ ‘ PalamJeet Smgh and Others ‘ - M.A.No. i332 of goat; s. Aggellant E ’ J Dhanpah' Barik _ ~ ‘t V‘ersus ‘ Resnondents Palamjeet Singh and Others ‘ ‘ Dhanpati Bank along With Dukhu Ram was gomg from Village Bhawarpur to Sahudhlpa on his Motor Cycle (Hero Honda) bearing Reglstratlon No.M.P.26-K.C.1043, near the Village Bithangi Pali on National Highway No.6, a Truck beating Registration No.M.H.31—6345 was coming from opposita side towards Saraipali, dashed the. motor—cycle. The said vehicle was being driven by non-applicant no.1/respondent no.1 herein and due to rash d negligent driving of the said mlck by its driver, the appellant- Dhanp ‘ Barik and Dukhu Ram have sustained severe injuries. The. appe ,t-Dhanpati Barik driven the motor cycle 1‘11 a normal speed on the left sidei of the road Appellant-Dhanpati and Dukhuram being claimants have tiled claim apphcation and claimed a total compensation ot Rs 4 80 IOOO/ each on diderent heads 4: 3. W . have perused the lower Court record which shows that the copy of statement of Dukhu Ram recorded under Section 161 of the Cr. RC. was l hled by the Instu‘ance Company before the Tribunal. Though, Dukhu Ram had appjeaied iii the witness box before the Tribunal but his statement was I ; not confronted, and as such, relying upon the statement recorded under f Section 1161 of the Cr.P.C., without confrontation, the version of the E witness before the Tribunal was disbelieved which is against the. law. Both the implitgned award are based on the statement of Duhhu Ram 1ecorcled under Seéction 161 of the C1‘.P.C,, which could not have been nelied upon without confronting the same with the witness. l 4. Iniview of the above we allow both the appeals in part set aside the . unpugned award dated 91 08 9004 and remit the mattei back to the i l t l Tribunal for deCiding the claim netitions afiesh after pioViding opportunity g to the parties concerned to adduce further eVidence, if any, or to move an $ application by the claimants for amandment if they so desire to amend x their pleédings. Th6 Tribunal shall decid‘e the. Claim petition$ afresh as early as possible preferably within a period of four months from th'e date. of receipt o record. The records of the Tribrmal shall be sent back to the Tribunal forthwith. The. Tribunal shall issue notice to the appellant and the Insurance Company afresh. The appellant and the Insurance Company, who are. present here, shall appear before the concerned Tribunal on 15-11—2010. No orders as to cost.‘ ' Va ‘ ‘ . i l ‘ Sd/- § re ‘ Sd/- i i I.M.Quddusi 1 ‘ Manindra Mohan Shrivastava fy ,K Judge at: “W ,,, ,‘L*rv n Judge .‘ Tumane