V4 IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G^ M.A.C. N0. ^-t?^~- /2008 APPELLANT Non-applicant no.l Non-applicant no. 2 l.Narayan Aditya Aged- 30 years S/o Sonu Lal Aditya R/o Balgi, shanty nagar, Katghora, Korba [C.G.] 2.8mt. Kusumlata Chouhan D/o B.L.Chouhan, R/o Durpa Road, Korba [C.G.] ^' VERSUS ' RESPONDENT Pitambar Prasad Sahu, Aged- 51 years, S/o Jagdish Prasad Sahu, R/o Manas ...••^•^ A.i^^y^agar, Khatkhatiya Para, Korba [C.G.] ^..,.....^'^^\"%^-u'o°e ^TTtou...^-M^^ ^•--att': ^'" Claim in appeal Court fee affixed Rs. 1,21,000/- Rs. 15 /- APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT ^' HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (Q No. 277 of 2008 APPELLANTS Non-applicants RESPONDENT Narayan Aditya and another Versus Pitambar Prasad Sahu SB:- Hon. Shri N.K. Agarwal, J PRESENT: Shri Sanjay Patel, counsel for the appellants. Shri Pushpendra Kumar Patel, counsel for the respondent. ORAL ORDER (19-7-2011) 1. This is owner's appeal against the award dated 06.10.2007 passed by the 2nd Additional Motor Accidents Claims Tribunal (F.T.C.), Korba in Claim Case No. 76/2006 whereby and whereunder an amount of Rs.1,21,000/- has been awarded in favour of the respondent/claimant and agalnst the appellants/owners, along with 9% interest per annum from the date of application till its actual payment. 2. As against the claim of Rs.80,00,000/- claimed by respondent for the injuries sustained by him in the motor accident on 27.03.2006, the learned Tribunal has awarded a total sum of Rs.1,21,000/- along with interest at the rate of 9% per annum from the date of claim application till its actual payment. ^:^t i'. ^a. >^^. ^^ '^te^ ^o 3. The learned Tribunal, on a close scrutiny of the evidence led before it, held: the accident had occurred due to rash and negligent driving of driver of Autorickshaw bearing registration No.C.G. 12/8472; and awarded aforesaid amount of compensation. 4. Shri Sanjay Patel, learned counsel appearing for the appellants would submit: the claimant has not filed any injury report, medical certificate, bills, vouchers, prescriptions, his salary certificate and any certificate showing that he remained absent from his duties for a period of 9 raonths nor examined any doctor to prove the injury. Therefore, the learned Tribunal has fallen in error in awarding exorbitant amount of compensation of Rs.1,21,000/- for the alleged injuries sustained by the claimant in the accident. 5. On the other hand, Shri Pushpendra Kumar Patel, learned counsel for respondent would submit: looking to the injuries sustained by the claimant, the compensation awarded by the learned Tribunal is just and proper compensation and needs no interference. 6. I have heard learned counsel for the parties and perused the award impugned including the record of the Tribunal. ...^-~'<'' •'• ^^•?. \'% f ?:^y../ ^ h—' 7. As per MLC report dated 27.3.2006, the claimant sustained injury in the knee joint of right leg and vide memo dated 27.3.2006, the claimant was referred to Orthopedic Surgeon. Besides the above, the claimant did not file any other docunient i.e. X-ray report, injury reports/certificates and prescriptions issued by the doctors showing that he sustained multiple and grievous injuries in the said accident. Further, the claimant also did not file any document from his departraent showing that he has received medical reimbursement to the extent of 50% and remained absent from his duty for a period of 9 months. 8. Considering the every aspect of the matter and the fact that the award has been passed without there being any proper evidence available in the ease, in the considered opinion of this Court, the award is not sustainable in law and remand of the matter to the Tribunal for the purpose of assessment of compensation would be just and proper in the facts and circumstances of the case. 9. Accordingly, the appeal is allowed, the award impugned is set aside and the matter is remitted back to the learned Tribunal to pass award afresh, in the light of obseryations made hereinabove, after affording full ©pportunityof hearing to both the parties. rv:-":'^. 'y ^'^ tlm'11"-*' 10. Needless to mention the Tribunal shall provide proper and sufficient opportunity to both the parties to adduce evidence and to file additional documents, if any. 11. Record of the Tribunal be sent back forthwith. Parties are directed to appear beforg the concemed Tribunal on 26th ofAugust, 2011. 12. No order as to costs. Sd/- N. K. Agarwal Judge