Appenant Respondents 1 . ShivmangaL S/o. Ranmat Singh, 50 years,R/o. North Jhagrakhand, Tah. Manedragarh, Distt. Koriya (CG) Vijay Singh, S/o. Shri Dharmpal Singh, 45 yrs., R10. Bhalthair, Tah. Manendragarh, Distt. Koriya (CG) Santosh' Kumar! S/o. 8hivratan Km, 48 years, R/o. Amakherwa, Manendragarh, Tahv Manendragarh, Distt. Koriya. The Orientai msurance Ccmpany Ltd. Branch Office, Ambikapur, Distt. Surguja (CG) By the instant appeal, owner of the vehicle bearing registration No. CG 1E5 ZB 014$ seeks exoneratlon from liability to pay compensation faetened by award dated 28.12.2007 passed by 2“ Additional Motor Accidents Claims Tribunal (FTC), Manendragarh in Claim Ca$e No‘48/O7. \“w HKIH COURT QF CHHATTISGARH AT BILASPUR 3.8.: Hon’bie Shri Justice Radhe Shyam Sharma Misceuaneous Appear {C} N0.182 of 2008 MimaiianaOUS Appeal under Sectien 173 of the Motor Vehicies Act. Ere§omz Shri Keshav Dewangan, Advocate appears on behaif of Shri PrafuH Bharat, counsel for the appellant. Shri Sudhlr Agrawal, counsel for respondent No3. None for respondents 1 & 2. ORAL ORDER (Passed on 16‘“ September, 201 t) 2. The case of the claimant as stated in the claim petition is that on 03.02.04 the claimant/respondent No.1 was traveling in a bus K1 beanng regmtratton No CG 15 ZB 0149 and was gomg toward$ Kethan. The mm was owned by the appeuant and was dm/en by respondent No2 and respondent No.3 was Its insurer. Due to rash and neghgent driving of the vehicle by respondent No.2/driver, near Shankarpur barrier, the bus met with an accident. Due ’to the aforesaid accident, the claimant suffered fractures and other injuries. At the time of the accident, the claimant was aged about 45 years and was earning a sum of Re.8700/~ per month. Due to the injuries sustained in the accident, the claimant was confined to bed for about 3 months and as such, he incurred heavy expenses for his treatment, 3. The claimant/reepondent No.1 preferred the claim petition under Section 166 or the Motor Vehicle Act 1988 (henceforth “the Act") claiming compensation for Rs 90 400/- 4. The Claims Tribunal allowed the claim petition in part and awarded Re.20’QOO/- as compensation in favour of the claimant, taatening liability to pay compeneation on the appellant/owner and reapondent No.2/driver jointly and severally and the tribunai exonerated the insurance company from the said liabiiity. 5. Shri Keshav Dewangan, teamed counsel for the appellant/owner argued that relating to the same accident Claim Caee No.8f04 ($rnt. Kalavati and others Va. Bhuehan Singh and othere) was tried under Section 166 of the Act and in that case, the award has been paseed on 24.10.2005 by the Additional Motor Accidents ClaimeTribunal Manendragarh and the teamed Tribunal held that the vehicle was duly insured wth the insurance Company ”‘niiwr‘rr tart WWW Qt (respondent No.3) fastening liability to pay campensation on the Insurance Company. Claim Case No.08/2004 and the instant appeai reiate t0 one and the same accident dated 3.2.2004 and the vehicie involved in the accident is also same. 6. Learned counsel for the appellant submits that the matter requires reconsideration by the Tribunal, therefore, it may be remitted to the Tribunal for a fresh decision, 7. Shri Sudhir Agrawal, learned counsel appearing for the insurance Com pany/respondent No.3 has supported the submiesion of learned counsel for the appellant for remitting the case to the Tribunal for decieion' afresh. 8. l have heard learned counsel for the parties and perused the record with utmost circumspection. The learned Tribunal awarded Re.20,QQD/v a’a com pensation ignoring the medical evidence. 9. in the impugned award, the learned Claims tribunal has held in para 11 and 12 that non—applicant No.3/respondent No.3 has not been able to prove the fact that on the date of accident, non- appiicant Not/respondent No.2 did not possess a valid driving iicence and the statement of non'applicant No.2 has not been disputed in this regard. The vehicie which caused accident was earlier registered as goods carrying vehicle from 10.11.2003 to 9.11.04 and it was insured with non-applicant No.3, which are admitted facts. lt was not disputed that non—applicant No.2 under the permission of the competent authority had got the offending vehicle converted from goods carrying vehicie to passenger carrying / vehicie‘ On the above findings, the claims Tribunal has awarded Rs.20,000/~ in favour of respondent No.1/o!aimant hoiding liability to pay compensation upon the appellant/owner and respondent No.2/driver jointly and severally and exonerated non-applicant No.3/lneurance Com pany from the said liability. 10. l have perused the Claim Case Nov48/O7 (Viiay Singh Vet $antosh Kumar and others) and Claim Case No.08/2004 (Smt. Kaiavati and others Vs‘ Bhushan Singh and others). Both these claim petitions arose out of same accident. ln Claim Case Nor 8/2004‘ the learned tribunal held the liability to pay compensation upon the insurance company and in the instant matter, the tribunal held the liability to pay compensation on the appellant/owner and respondent No.2/driver jointly and severally, which is contrary to each other. 11‘ The award passed in Claim Case No.08/2004 is earlier to Claim Case No.48/O7, but the tribunal has not discussed about the award passed in Claim Case No.8/2004. in the above mentioned facts and circumstances and considering the prayer made by both the parties, the matter requires reconsideration at the end of the claims tribunal. 12. Therefore, the appeai is allowed in part The im pugned award is set aside and the matter is remitted to the Claims Tribunal back tor decision afresh. The Claims tribunal shall decide the matter in the light of observation made by this Court above. Needless to mention that the parties shall be ailowed to adduce further evidence, amend their pleadings, file documents or get the documents verified etc. ,kri’imhn iy ii ti .ir/Himmmiri ‘1 ‘ii i ii n ‘iig it u l \‘ Bini and after giving apportunities of hearing to the parties, the Tribuna} $han pass a fresh award. No arder as to cost. SdL Shanwa Rad‘ne $hyam Judge