IN THE HIGH COURT OF JUDICATURE CHHATTISGARH AT BILASPUR M.A.fC). clti'S /2008 c.^'' >«] APPELLANT (Claimant) RESPONDENTS fNonapplicants) .A& ^ C.A 2k'? •*" ^y ^ ^''^'IV ^:y^ ^sy ^y Ku.Sarswati D/o. Sunder Lal Safnami, aged about 24 years, R/o. Sewtatola,, Ward No.3 Dongergaon, District - Rajnandgaon (Chhattisgarh) VERSUS ,(1) Sandeep S/o. Radheyshyam Maheshwari,aged about 32 years (Driver), R/o. Sadarline, Dongergaon, District Rajnandgaon (C.G.) Rajesh S/o. Harish Kumar Rathi, aged about 34 years, R/o. Basantpur, Rajnandgaon (C.G.) (3) Jagdish Medical Stores, Rajnandgaon (C.G.),Registered Vehicle Owner Scooter No.MP-24, EB-8538, (4) The Branch Manager, National Insurance Co. Ltd., Kamthee Line Rajnandgaon (C.G.) -.^ Appeal Under Section 173 of the Motor Vehicle Act 1988 N. \. s;:;;:^sMiMaiM :;^t7::w®l!8M HIGH COURT OF CHHATTISGARH AT BILASPUR Sinaie Bench : Hon'bleShriDiliD Raosaheb Deshmukh. J. ARpellant (Claimant) M.A.(C.l No.963/2008 Ku. Saraswati D/o Sunder Lal Satnami, aged about 24 years, R/o Sewtatola, Ward No.3 Dongergaon, District Rajnahdgaon (C.G.) Versus Sandeep S/o Radheyshyam Maheshwari, aged about 32 years, (Driver) R/o Sadarline, Dongergaon, District Rajnandgaon (C.G.) Rajesh S/o Harish Kumar Rathi, aged about 34 years, R!o Basantpur, Ranjandgaon (C.G.) Jagdish Medical Stores, Rajnandgaon (C.G.) Registered Vehicle Ov/ner Scooter No.MP-24-EB-8538, The Branch Manager, National Insurance Company Limited, Kamthee Line, Rajnandgaon (C.G.) Appeal underSection 173'ofthe MotorVehicles Act, 1988 Present: Shri V. K. Sharma, counse! for the appeilant. 2. 3. 4. (Passed on this 18th day ofJuly, 2008) Heard on l,A.No.1, which is an appiication for condonation ofdeiay under Section 5 ofthe Limitation Act. (2) For the reasons mentioned in the appiication, it is (i.A.No.1) aiiowed and the delay in filing this appea! is condoned. (3) Heard on admission. (4) Impugned avi/ard dated 19-03-2008 passed by the Motor Accidents Claims Tribunai, Rajnandgaon in Ciaim Case No.137/2007is pemsed. (5) in an accident that had occurred on 06-10-1997, Ku. Saraswati, who was minor at the time of accident, sustained injuries. F.I.R. was iodged on 08-10-1997. An application under Section 166 of the Motor Vehicies Act for aranting compensation was filed before the Tribunal after '^M^^SS m a considerable delay of 9 years i.e., on 24-07-2006. Before the Tribynal, the claimant Kumari Saraswati admitted in cross-examination that she had sustained injuries due to an accident with a Tonga (a cart pulled by horses). On these grounds, the Tribunal held that culpable negligence on the part of the driver of Scooter bearing Registration No.MP-24-EB-8538 was not established. In my considered opinion, there is no illegality in the impugned award. (6) !n the resutt, there is no merit in this appeal which is accordingiy dismissed at the stage of admission. ^a/- Dttip Ra Judge 1 umane