Pm mag Nay/é) n w 0 AA w r.r. { @‘Wkwn $3§$$§E ‘ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.) Misc. Appeal No. 3&2- /2004. CLA P ELLANTS IM‘AN‘TS /‘ l . sukhde iye W/o latg Mjjr i 6 O yea? s .5 . Budari w/o late Tati, 35 years. ‘ ‘ 3. Chaitu S/o late Tati’, 2O years. 4. Shankar S/o late Tati, 17 years.’ . Ku. Jhuli D/o late Tati, l7.years. All residents of Lendra Kadagiguda, 13.3. Darabha, pistesastar (c.G.). V e r 5U. S / / hESPON3ENTS :/1 Deepchand- Bhonwar S/o Unknown é’ 5N} Market, Motitalab para‘,Jagda1pur NON—APPLICANTS (late Chaturbhuj, R/o Sanjay “y l xA ? APP§AL UNQER 3ECTION 1'73 OF MOTOR VEHICLE ACT Q é x %,. AAA ? . as § , 2 3 S i x' d. (OWNER OF VEHICLE) I 39 2. Babalu Kumar S/o Magaturam, heel/yew;ii / scv‘v ’9.» Kalar R/o Amaguda, Jagdalpuf (C.G.”). $°".a;\99L 6 ‘( DRIVER ) b q” Q‘e 3 3. The United India: insurance Co. ‘ by ' e Through : Branch ManagerJag’dalpurgf i Distt. Easter (C.G.) ( QSURER __)§ @ HIGH COURT OF CHHATTISGARH : BILASPUR M. A. No. 392 of2004 Appellants ' Sukhdeiye 85 others Versus Respondents Deepchand Bhonwar & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon’ble Shri I. M. Quddusi & Hon’ble Shri Justice N. K. Agarwal, JJ Shn' Subhash Yadav, Advocate for the appellants. None for the respondents No. 1 and 2. Shri Dashrath Gupta, Advocate for the respondent No.3. ORDER (Oral) ( Passed on this 8th day of September, 20 10 ) Per I. M. Quddusi, J. This appeal arises rom the award dated 6th February, 2004, passed by the First Additional Motor Accident Claims Tribunal, Easter, Jagdalpur in Claim Case No. 61/2002. 2. The, brief facts, in nutshell, are that the appellants had Eled a claim case on the allegation that on 20.6.2002 at about 7. 15 p.111. when deceased Tau was returning to his home on feet from the weekly market, at that time, as a result of the rash and negligent driving of the driver of the offending vehicle, bearing registration No. M.B.Y./8279 (new number C.G.—17 ZG10261) the accident occurred. Due to that accident Tati died when he was being taken to the hospital. The appellants being legal heirs of the deceased filed a claim case for award of total compensation of Rs. 7,80,000/ — under various heads. 3. Learned Tribunal having examined the witnesses and considering the material available on record reached to the conclusion that the appellants have failed to establish that the vehicle in question i.e. M.B.Y./8279 (new number C.G. 17/ZG/026 1) was involved in the accident. On perusal of the papers of Criminal Case No. 121/ 2002 it was revealed that on 21.6.2002 Chaitu had lodged the F.I.R. to the eti‘ect that the accident had occurred by the Truck bearing registration No. MP. 25/8279, whereas on 2.7.2002 the vehicle s ‘12 /\. f bCfan'ng registran'on No. M.B.Y./8279 (new number C.G. 17/ZG/0261) was seized &om the driver Ballu Kumar. Thus, learned Tribunal reached to the conclusion that the alleged vehicle was not involved in the accident. Therefore, the claim of the appellants has been dismissed by the impugned award. 4. We have heard learned counsel appearing for the parties and perused the record of the Tribunal. Having regard to the facts situation, we are of the opinion that learned Tribunal could have called the papers of the vehicle from the concerned Regional Transport Authority or could have called for a report non) the concerned authorities to examine the veracity _ of involvement of the oEending vehicle in the incident in question. 6. In View of the above we allow this appeal in part. The impugned award dated 6.2.2004 passed by the Tribunal is set aside and we remit the matter to the Tribunal to decide the same in accordance with law after calling a report or record from the concerned authorities. Accordingly, the appeal is allowed in part to the above extent. No order as to costs. The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith. . sw- ‘ I.M.Quddusi Judge ‘ ‘ . Sd/- N.K. AGARWAL Judge