XI-HC—78 3wr ^nqi^q', y(i1'H'l6, R<Al«y. !H.|M^< **<)* r^.A.c' po . |o3,^ w •wi. 2007- ar^nra^ (ijcif^^i) sn^i ?g I<;-ii+. ^fT 3n^5T sbHicti •FRfiwdftdsn^i MISC. APPEAL (CtLAIM) N0.1039/2007 APPELLANT 1. M^apa Bai, w/o Ballu Das, aged about SQyears, 2. Kt|. Santoshi, d/o Late Baliu Das, aged abjout 4 years , being minor represented thijough her mother Milapa Bai, w/o late B^lluDas Both ^re residents ofvillage Deori, P.S. and Tahsil|Takhatpur, Distt. Bilaspur (C.G). Versus RESPONDENTS 1. 2. 3. D.B: HON'BLE HON'BLE; L.C.Bhadoo. J, (I Indra Sen Sahu, counsel f{>r the appellants. Heard on admission. The claimants who are Das, have preferred this appeSI •*i<<Sfi4-f IIITRB 'ii.fs^t <Fii(ii< '^affiiH^g ^ju Singh, s/o Feku Singh, Rajput, ^ged about 25 years, r/o village phamari, P.S.Mungeli, Distt. Bilaspur (C.G). Ku.Shamim Ezaz, d/o Abdul Gaffar, ^ged about 25 years, r/o Bada Bazar, ^lungeli Distt. Bilaspur 'he New India Insurance Co.Ltd., pajendra Nagar Branch Bilaspur, (hrough its Branch Manager, New (ndia Insurance Company Limited, pajendra Nagar, Bilaspur (C.G). SHRIL.C.BHADOO,J,& SHRI SUNIL KUMAR SINHA,_J. OFtAl, ORDER 8.09.2007) vWfe and daughter of the deceased Ballu being aggrieved by the award dated 29 v^v XI-IIC—78 'yees "yi^iri<<, ^iTTi^is, Ri<?)i<-iy "ifftR'IT **11* 3ii^?r ?n ft-ii'* W ai1^¥Ish*li=h !t- v K3 \v r^-^ c- ioo- i°^9 an^?r 'vsv (ipf^^tr) 200^ ^awafttfiffI^I --L June 2007 passed by 9th Addl. Claim Case No. 128/2005 evidence adduced by the to the conclusion that the deaft) accident, which he met with ort has been mentioned that the d( 13.4.2005 whereas he died considered the injury report E^. deceased in the accident was Ballu Das, which was conducte{J by the Doctor, no document claimants establishing that th< accident and no doctor has death of Ballu Das was result Ultimately the Tribunal r^ proximity between the said Das dated 13.11.2005. Having on perusal of award, we are Tribunal has been arrived after I in view of the above, we are o) illegality and infirmity in the im|}i interference by this Court. This appeal being dismissed and it is accordingty Sd/- L.C. Bhadoo Judge •*l'<fd'lil-< 'V^vS ^fS^S <f°l*$l< ^TaiRiTan^i ^otor Accident Claims Tribunal, Bilaspur, in w|iereby the Tribunal after evaluating the respe|stive parties and other documents, reached no.t of Ballu Das waa/the direct result of the 13.4.2005. Vide para 12 of the award, it ifeceased Batlu Das met with an accident on on 13.11.2005. Further the Tribunal t.P-2, in which the injury sustained by the |imple in nature. On X-Ray examination of on 20.4.2005, no bony injury was noticed ijegarding treatment was produced by the death of Ballu Das was the result of be|en examined in order to establish that the oflthe accident. r^ached to the conclusion that there was no ; dated 13.4.2005 and the death of Batlu fieard learned counsel for the appellant and |of the considered opinion that flnding of [careful marshalling of the fects. Therefore, .' the considered opinion that there'ja^ni im|}ugned award and it does not require any belen acciiBent dev<>id of merits, the same is liable to be (jismissed at the motion stage itself. Sd/- Sunil Kumar Sinha Judge r