. IN TH “-HIGH COURT 01k mamA'rURE 1 CHH TISGARH) A BsIiASPUR@ s MISC. APPEAL £2 g O /2004 §ww ganch (J'Ranvir Halba aged about Q2 years S/o Samaru Halba, By caste Halba, R/o Village Jhalmala, Tahsil Balod, Thana Balod, Distt. Durg APPELLANT Claimant «J; vEizsus ‘ u‘ RESPONDENTS or, 1. Khilanand RVER i ¢ aged about 3O years, S/oShamlal, / By caste Sahu, R/ o Village Parras, 1 Tah and Thana Balod, Distt. Durg 1 r ' . Shamlal aged about 55 years S/o x / Khyaram Sahu Vlllage Parras Tah and Thana Balod D1stt Durg 3. National Insurance company Ltd., [k City Branch R‘aipur, Through its Branch Manager, City Branch (1 1, 11nd Floor Mobin Mahal, Jila Sahakari Bank, G.I. Road Ke Sam ne, Raipur. v/ APPEAL UNDER SECTION 173 MOTOR VEHICLE ACT AGAINST THE AWARD DATED 1 0/ 1 0/2003 PASSED BY SHRI P N TEMBHURKAR ‘A/DDL MOTOR ACCIDENT CLAIM TRIBUNAL BALOD DISTT DURG INMA C TNO 69/2001. i DI ’i M.A. No. 280/2004 APPELLANT Ranvir Halba Versus RESPONDENTS Khilanand and others DB:—: HON’BLE SHRI LN. QUDDUSI 35 HOK'BLE SIEI N.K. AGARWAL, JJ PRESENT :- Shri Same'er Sahu, Advocate for the appellant ‘ Shri Anand Gupta, Advocate for respondent No. 3. V ‘ o R A L o R D E R (28—9—2010) Per LM. cuddusi, J 1. This appeal has been filed against the impugned award dated 10-10—2003 passed by the Additional Motor Accident Claims Tribunal, Balod, Dismct Durg in Claim Case No. 69/2001 dismissing the claim petition. Facts of the case in brief are that on 2-1—2001 at about 10.00 p.m. when the claimant was travelling on a jeep bearing registration No. MP 24/G/5592, it met with an accident with an unknown vehicle due to rash and negligent dliving of the driver of the jeep, as a result of, . which, the claimant sustained injuries. His right leg was cut and his left leg also got fractured.‘He filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 13,32,000/- as compensation for the injuries sustained. 3. Learned Tribunal by the impugned award dismissed the claim petition. Learned Tribunal has framed issue No. 1 to the effect “whether on 1-1—2001 at about 10.00 p.m., the driver of the jeep bearing registration No. MP-24/G5592 driving the jeep rashly and negligently collided the same with an unknown vehicle near Bilaspur". The n > g Mm answer of that questionwas given in negative. However answer to issue No. 2 Wasin amrmative which was to the effect that whether the claimant had sustained any injury of serious disablement in the said accident. 5. The fact that the accident had taken place resulting in permanent disablement to the claimant cannot be ruled out by the evidence available on record but the Tribunal has not considered Whether there was any, contributory negligence or not and also has not appreciated the evidence available on record. 6.» In v1ew of the above, we are of the opinion that the u ‘matter requires reconsideration at the end of the Tribunal. 'l‘herefore:‘we allow this appeal in part, set aside th impugned award dated 10— 10—2003 and remit the matter back to the Tribunal for decision a&esh. The Claim petition shall be restored to its original number and it shall be decided in the light of the observations made above. The Tribunal shall ah‘ord opportunity to both the parties to adduce evidence and argue their caSC. 8: The Tribunal shall decide the matter as early as ‘ - preferably within a period of 4 months from the date‘of appearance of the parties. The records of the Claims 'I‘ribunai shah be sent Wk forthwith. 10. The parties shall appear before the Tribunal along-with ‘ copy of this order on 21-10-2010. e _l LN ’ Sd/- i ll Via/Tif/EE‘I:# ‘ I'M-Quddusi ‘ \ NR AgraWa ; Judge Judge