3 'H- ,^ ^ ...:irs^^^ ^/iM IN THE COURT JUDICATURE AT BILASPUR Misc,,AE)eeaJICINo,^_33/. OF 2011 ^/ INSURER ^ ^^ RESPONbENTS 1. 2. 3 4 Branch AAanciger, Bojaj Allianz '&eneral InsurGnce Company Limited, 8ronch Office Shivmohon Bhawan, Vidhansabho Rood, Pandri, Th^ bistrict Raipur (C.G.) Versus Itwora Bai W/o Late Krishan Kumar Aged About 20 years' Jdi Kumor S/o SheetG! ProSGd ,Aged About 45 years Budhworo Bai W/o Jai Kumar Aged About 40 Yecrs-. A II Respondent are R/o Viliage Seepat Bus Stand P.S. Seepat, District - Bilaspur C.&. Laxman Varma S/o Late Jorik La! yarrna Aged About 29 Years R/o Seepat, Near Bus Stand, Th.^ bistrict Bilospur C..G. U/S___173 OF.THE^MOTOR ACT_A6AINST_THE ^ PASSED,^By,.____THE, ,MOTOR asrd. *Di^*&l- TurfA «- ACCIDENT,CLAIMS__TBIBUNAL (C.&) OVER BY A .SMT. ANIT^_.JHA_^IN,C.T,. NO,378/20Q9, ..•^-^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR. G. IVIINHAJUDDIN. JJ. Appellant Insurer Respondents/ Claimants M.A.rclNo. 336/2011 ^ Vs Branch Manager, Bajaj Allianz General Insurance Company Ltd. Raipur (CG) Itwara Bai and others Present: ^ Mr, Abhishek Sinha and Mr. Ghanshyam Patel, counsel for the appellant/insurance company. Mr. Samir Singh, counsel for respondentsNo^ 1 to3. ORDER (Oral) (29th August, 2011) Per I.M. Quddusi. J: 1. This appeal has been filed by the appellant/insurance company against the award of the Motor Accident Claims Tribunal, Bilaspur (in short "the Tribunal") dated 3rd December, 2010 passed in Claim Case No.378/09 insofar as it has fastened the liability to pay compensation on the appellant/insurance company. 2. Brief facts of the case are that on 28.6.2009 at about 12.00 noon deceased Krishna Kumar was going to Seepat by driving Tractor Engine bearing No. CG 10A/5654. While trying to save an unknown motorcycle on the turning, the tractor turned turtle and the deceased sustained grievous injuries, resulting in his death while undergoing treatment inhospital. Report of the accident was lodged in Police Station : Seepat, whereupon Cr.No.130/09 was registered. 3. At the time of accident, the deceased was 22 years and was . earning Rs.3000/- per month as driver from his employer. The claimants were the dependents upon the deceased. Therefore, the ,; claimants, who are widow and parents of the deceased, filed a claim petition under Section 163Aj3f the Motor Vehicles Act, 1988 (in ^ short "the Act, 1988") claiming compensation of Rs.8,08,000/- for the death of Krishna Kumar under various heads. 4. However, learned Tribunal, after close scrutiny of the evidence, oral and documentary, led by the parties, awarded a total compensation of Rs.4,20,000/- by fastening the liability upon the appellant/insurance company. 5. Heard learned counsel for the parties, perused the lower court record (LCR) as well as the impugned award. 6. We have perused the LCR and found that though in the written statement, a specific plea was taken by the appellanVinsurance <;ompany that there was breach of conditions of the insurance policy and also that the vehicle in question was being plied without valid permit and fitness certificate and also that the driver of the vehicle was not having a valid and effective driving licence, however, no issue has been framed by the Tribunal in this regard. 7. It may be noticed that the tractor ,in question was registered for commercial use and insurance policy also shows that the policy was issued for use of the tractor for commercial purposes. 8. Thus, in view of the above, we are of the opinion that the matter requires reconsideration at the end of the Tribunal on the above points. 9. In the result, we allow this appeal in part, set aside the impugned award and remit the matter back to the Tribunal with a direction to frame necessary issues, as observed above, and thereafter decide the case afresh after giving opportunity of hearing to the parties. The Tribunalshall also conduct an enquiry as contemplated under Sections 168, 169 of the Act, 1988 and Rule 226 of the CG Motor Vehicle Rules, 1994 for ascertaining the truth and determining the just compensation. The police records and the seized documents . shall also be summoned for ascertaining the facts. lO.Needless to mention that the parties shall be allowed to amend the " pleadings, adduce furi:her evidence, file documents or get the documents verified etc. and^hereafter, the award shall be made afresh. ^" ^: '%.. 11. Parties shall appear before the Tribunal on 12th October, 2011. 12. LCR shall be sent back tothe Tribunal without further delay. 13. No order as to costs. 14.Certified copy as per rules. Sd/- I.M.Quddusi Judge ^o Sd/- G. Minhajuddin Judge H