s' c-^" ^ IN THE HIGHJ:OURT JUMCATURE AT BILASPUR Misc. Appeal FC1 N^^fc OF2(x)9niuE^ APPELLANT ^NSURER ^^^ ....•PV,.®^ <^3^ RESPONDENTS y-1. CLAIMANTS fWife) y Sori of Deceased \-2, ^ ^. &RIVER ^ OWNER / Oriental Insurance Company Limited, ^through The Divisional Manager, 'iid Division office Seetanjali Bhawan Main Road Korba (C.G.) Versus Dhan Kunwar W/o Late Antram Aged about 37 years Cast 6ond. Kuamri santoshi D/o 1-ate Antram Aged about 12 years Cast 6ond . Laxmin Bai t>/o Late Antram Aged about lOyears Cast 6ond Santosh S/o Late Antram Aged about 09 years Cast Sond. Respondent No. 2 to 3 are through there Natural Suardian Smt. DhanKunwar W/o Late Antram All R/o Village Khondri block podiuproda Th.- Katghora, District Korba C.6. Rai Singh S/o Shashi Singh, Cast- kanwar R/o Khondri ,post Rawa block podiuproda Th.- Katghora, District Korba C.6 Jagjeet Singh S/o Rajaram Singh R/o Raha Th- pali District Korba C.G. APPEAL U/S 173 OF THE MOTOR VEHICLES ACT A6AINST THE AWARb/ORbER DATED 28*04.2008 PASSED BY. THEtJPPER MOTOR ACCI&ENT CLAIMS TRIBUNAL KATGHORA . (C.G.) PRESIbED OVER BY G:K. MISHRA IN C.T.N0157/2007. /y^ '{ & ^y HIGH COURT OF CHHATTISGARH. BILASPUR DB: Hon'ble I. M. QUDDUSI SB Hon'ble G. MINHAJUDDIN, JJ M, A,(Cl No. 638/2009 APPELLANT: RESPONDENTS: Oriental Insurance Co. Ltd. Vs. Dhankunwar & others MISC. APPEAL JUND^ SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 Appearance: Mr. Ghanshyam Patel, counsel for the appellant. Mr. Arvind Sinha, counsel for respondents 1 to 4. Per I.M. OUDDUSI, J. ORAL ORDER (21.06.2011) This appeal has been filed by the Insurance Company against the impugned award dated 28.04.2008 passed by the Addl. Motor Accident Claims Tribunal, Katghora, Distt. Korba (C.G) in Claim Case No.257/2007 so far as it relates to fastening liability upon the appellant to pay compensation. Brief facts of the case as per the version of claimants are that on 16.09.2005 deceased Antram had gone to work in the Tractor bearing Regn. No. C.G.12-F/8480 for unloadihg the rice of relief scheme allotted for village Panchayat Raha and also fertilizers. After unloading the goods, he was returhing to his village Khindri Raha on 17.9.2005. On the way at about 3.00 a.m. in the night, the said Tractor Trolley allegedly driven by respondent no.5 Rai Singh in rash and A-...-.';:A ^^WM9^'^ r ^^.-Ai.-.Kuf^-,^,, ;' ^ J "Ssista | -. \-^/ ^ \2y ^J ^ negligent inanner, came down into a pit of the Ghat, SLS a result of which Antram fell down and came under the Tractor. He died on the way when he was being brought to the hospital. At the time of accident he was aged about 36 years. He was working as labour and was earning Rs.3000/- per month. The claimants being dependents/ legal representatives have filed claim petition u/s 166 ofthe Motor Vehicles Act for the award of total compensation of Rs.25,10,000/- on various heads. 3. The learned Claims Tribunal has awarded a total compensation of Rs.4,17,500/- holding that the vehicle in question was involved in the accident in which Antram died. 4. It is a case of the clairaant that the Tractor was being used for relief work on the direction of Sarpanch of village Raha, but the Tractor in question was insured for agricultural purposes only. It was under the farmer's package policy. Therefore, the Tribunal should have considered this aspect of the matter and should have decided the liability to pay compensation. The Insurance Company could not produce any evidence though the claimants' evidence is already on record which shows the policy conditions as well as the use of the Tractor. Therefore, in our opinion the matter requires reconsideration at the end of the Tribunal so far as it relates to the only question of fixing liability, that is whether the insurance company or the owner of the Tractor is liable to pay compensation. 5. Therefore, we allow this appeal in part remit the matter back to the Tribunal for decision afresh. The assessment made by IBT T- ,•' ' ""- A' ^"' ^^'y the clainis Tribunal regarding compensadon and the question of quantum fixed by the Tribunal is not interfered with. The Tribunal shall decide only the question of liability. For that purpose the insurance Company or the other party shall be granted opportunity to file documents or lead further evidence. It is made clear that the parties shall not be allowed to lead evidence for any other purpose and the matter shall not be opened afresh. The parties shall appear before the Tribunal on 15th July, 2011. The Lower Court .Records be sent back without further delay. In the result, the appeal is allowed in part. No order as to cost. _—-—__:..~-_ Sd/- I.M.Quddusi Judge Sdl- G. Minhajuddin Judge f^ 11 i ^f \ y