^tnn^^£^^ri?^^<^^^^EABC^-<T<K^^^ .':•-•• .;->:: ;'"^.: :';.'';,^'^1^^:: %•'•-•-^:^••1:'^:^'^^^\:^^< ' ^:B^'^:i'y: ...<" ^ ®s INTHEHIGHCOURTOFJUDIGATUREATBIl.ASPURfC.G) ^0/ MISCELLANEOUS APPEALNO; 2005 APPELLANTS /CLAIMANTS M M ^E3) ^) ^5) lili ff-v^ ^°^) ^T^-'- \1y^y^. j</^-"l',,.r^v'^ ^^s"".,^ ^" ....•"">''y • ' ^ '^•^ Sion Bench Smt Lachhni @ Laxmi Bai Wd/o pawan KumarSahu, Aged about 33 years, Smt Dewsir Bai Wd/o Pawan Kumar Sahu aged about 34years, ' Ky Bindu D/oPawan Kumar Aged about 16 years. l<uTikam D/o Pawan Kumar Agedaboytl4 years , Kamal Kumar S/o Pawan Kumar Agedabpyt llyears. Appelllant No. 3,4,5 are represented by legal guardian Mother Appellant No;2, Smt. Dewsir Bai Wd/o Pawan Kumar Smt. Purain Bai Wd/o Pawan Kumar sahu Aged about , Bhanu Pratap Sahu S/o Pawan KumarSahu Aged aboutll years. I Appellant No.G^re represented by legal guardian Mother PurinbaiWd/b Pawan kumar Sahu, All are resident ofVillag^ Kosrangi, Post- Pacheda, PS- Mahaisamuind, Tah & Distt -MahaSamund(G.G.) 1 VERSUS Meghraj Katre S/o Durjan Katre Aged about 23 years, Occupation- Truck Driver,Stafion-Road,Raipur', KawaljeefSingh S/o Dilip Singh Bhalla Aged about 29 years,Truck Owner, Bhalla TFansport Station Road, Raipur(C.G,) The priental- Insurance Company, Sai Nagar, Raipur, Divisional Officer, Kachahari Chowk, Jail Road, Raipur ^C.G.) Miscellaneous A^eal uncler/sectioh 173 MotorVehicle^l^^ <>»'^•r'^ '•""'ro' RESPONDENTS ilON-APPELLANTS >2> (3). fo HIGH COURTOF CHHATTISGARH AT BILASPUR ] I! APPELLANTS CLAIMANTS RESPONDENTS M.A.No. 780 of 2005 Smt. Lachhni @ Laxmi Bai & Others. VERSUS Meghraj Katre & Others. NON-APPLICANTS IVIiscellaneous Appeal Onder Section 173 MotCTLVehicle Act 1988 DB: Hon'ble Shri Satish K. Aanihotri & Hon'ble Shri Raieshwar Lal Jhanwar, JJ, Present: Shri S.C.Verma, Advocate for the appellants. Shri A.KAthley, Advocate for the respondent No. 3. ORDER(ORAD (Passed on 05th day of January, 2010) Per Satish K. Agnihotri, J. Heard. Thisappealarises from the award dated 18 November, 2004 passed by.the 2" Additional IVIotor Accident Claims Tribunal, 1. Raipur In Claim Case No. 80/2004. 2. Learned counsel appearing for the appellants/claimants submits that the deceased Pawan Kumar Sahu died in a motor accident caused by offendingvehtele bearing No. CG-04/ZB/0976which was being driven rashly and negligently by the respondent No. 1. However, the learned Tribunal has rejected the ciaim of the appellants/claimants. 3. On perysat-of the impugned award and the records produced \ f . ' . - ' before the learned Tribunal, it appears that one Narendra Nath -^- Yogi was not examined, which according to learned counsel for the appellants/claimants; was thesole eye-witness to the incident. 4. Withoutexpressing any opinion on the merits of the case and in , . the interest of justice, the matter Is remanded baek to the Tribunal i]' to permit the appellants/claimants to examine the sole eye-witness namely Narendra Nath Yogi. The learned Tribunal may thereafter pass appropriate orders accordingly on its own merits and in accordance with the law. 5. Let the appellants/claimants produce the sole witness Narendra Nath Yogi before'the learned Tribunal on 17 February, 2010 for examination. The observ^ations, ifany, made hereinabove, shall not be construed as our opinion on merit. 6. The appeal is atlowed to the above extent. No order asto costs. 7. The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith. Sd/- Satish K. Agnihotri Judge Sd/- R.L. Jhacwar -J" Anut ~\-."s '.