•:^\.^^'L.V^~^ .<J-; IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. faNo. f6 (I / 200^ APPELLANTS : CLAIMANTS ^.% 7"'. .y ^^'w 1. 2. Smt. Dhanay Bai, Wd/o late Ludu Pujari, 40 yrs, Jati@Jatia S/o Late Ludu Pujari, 25 yrs, Both R/o Vill. Pujaripara, Borgaon, Distt. Navrangpur (Orrisa) VERSUS RESPONDENTS : NON-APPLICANTS 1. Kallamuddin Ansari S/o Abdul Haque Ansari, 43 yrs, R/oHatkachora, Jagdalpur Distt. Bastar (C.G.) 2. TheOriental InsuranceCo. Ltd. Sadar Bazar Main Road Jagdalpur Distt. Bastar (C.G.) MISCELLANEOUSAPPEALU/S 173 OF MOTOR VEHICLESACT ^i-:!-j,^"^ni^?i-^i ^ •^^.> HIGH COURT OF CHHATHSGARH. BILASPUR M.A. (Cl No. 1011 OF of2008 APPBLLA^TS RESPONDBNTS Smt. Dhanay Bai and another Versus Kallamuddin Ansari and another DIVESION BBNCH:- Hon. Shri Satish K. Agnihotri and Hon. Shri N.K. Agarwal, JJ PRE»BNT:- Shri Praftilla Bharat, Advocate, for the appeUants. Shri Shailendra Sharma, Advocate for the respondent No. 2. ORAL ORDBR (9-11-2009) Per Satish K. Aflmiliotri. J 1. The present appeal arises from the judgment and award dated 5-10-2007 passed by the MotorAccident Claims Tribunal, Bastar in Claim Case No. 253/2006 whereby, the claims of the claimants/appeUants have been denied on the ground, inter alia^fhat R.K. Bhattacharya, Investigation Officer, in his iavestlgation report Ex. P.N.A. 1 has not found proved fhat the motorcycle of one Kamaluddin Ansari was involved in the accident on 25-5-2006. 2. Admittedly, husband of appellant No. 1 and father of appellant No. 2 Lundu died in the acddent near Sahni Petrol Pump. On perusal of First Information Report Ex. P-5, it is found fhat fhere was a named F.I.R. wherein the motor cycle bearing No. CG-17-5447 was involved and fhe same was driven by Kanialuddm son of Lste Abdul Haq Ansad. It appears that findiag recorded by ^ fhe Tribunal is contraiy to the fact and report submitted before fhe Tdbi-inal. 3. In view of the forgoing, the impugned award dated 5-10- 2007 is not sustainable in law. Thus fhe smne is quashed. The appeal is allowed. The matter is remitted back to the Motor Accident Claims Tribunal, Bastar to consider fhe matter afresh affcer examining other evidence, if adduced by the parties. 4. Having regard to ftie facts situation of fhe case that the accident had taken place on 25-5-2006, it woiild be proper tffhe case is decided as expeditiousiy as possible preferabty within a period of 3 months. 5. Any observation made hereinabove may not be construed as opinion ofthe Court on fhe matter. 6. Registry is directed to send forthwith the records ofthe case to fhe Motor Accident Claiais Tribunal, Bastar. Sd/- Satish K. Agnihotri Judge Sd/- N. K. Agarwal Judge