,-.^^ APPEUANT jBwrofttievehfete / RESPONDENT8 XAIMANfr IHTHE HON*BLEHIGHCOURTOFCHHATr»SGARH ATBILASPUR «».A.(ClN0. II 6l of 2009 Sanjay Kumar Agrawal $/o Mittat Lal Agrawat, aged about 40 years, Wo Vitlage, Post, Thana and <1^^^ ATlcJ^\ Tahat- Pratappur, Distt. Sarguja ^-^^- (C.G.) VIERSUS : ^t. Jhadutet S/o Jamocteep aged about18years. Kannitat, S/o Jamodeep aged about 16 years, Through- Naturaf Guantian Girdhar Jhadutat ^< Kendu S/o Ma<iho, aged about 80 years, 4. KendH W/o Kendu aged about 75 years, All are R/o Viliage- Madannagar, Thana & Tahsit- Pratappur, Distt. Sarguja (C.G.) 5. The Onental Insuranc®Company Umited Through- Branch Manager, Branch OfRce- AmbiRapur Distt. Sarguja (C.G.) ,6. Shush Kumar S/o Agar $a», aged ^ about 28 years, occupation- Driver, R/o Vritage- Pakni, Post & Thana- Pratappur, Distt. Sarguja (C.6.) Mukesh Tayl, S/o Kajanchi Tayt, ^- agect ^bout 26 years, by caste ^ Agrawal R/o Nagar, Panchayat Pratappur, Distt.Sarguja (C.G.) MEMORANDUM OF APPEAL UNDER SECTION 173 QFIfiQTQg VEHtCLE ACT ^.S^.3| j '^ ""^y. ^ l^ HI©HCOURT OF CHH^TTlSe^RH AT BIU^SPUR DIVISION BENCH: HON'BLE MR. I.M.QUDDUSI & HON'BLE MR.6ULAM MINHAJUDMN. JJ Appetlant Respondents ADpellant Rcsoondents ^ppellant ftespondents ApDcllant Resoondents M.A. (ONo. 1159/2009 Sanjay Kumar Agrawal Vs ftotilal&others M.A. (C) No. 1160/2009 Sanjay Kumar Agrawal Vs Chhertu & others M.A. (ONo. 1161/2009 Sanjay Kumar Agrawal Vs Chhertu & others & M.^. (aNo. 1175/2009 Vs Sanjay Kumar* Agrawal Naiharo & others Present:- Mr, Sunil Sahu, Advocote for the appellant-Sanjay Kumar AgarwaL Mr. Abhishek Sinha, Adv- with Mr. ^hanshyam Patel, Advocate for respondent- Oriental Insurance Company Ltd, Mr. Sanjay Agarwal, Advocate for respondent-Shush Kumar. None for respondent-Mukesh Tayal. ORDER(Oran (2nd August, 2011) I.M. Quddusj. J; 1. Heard. 2. In all these appeals application for condonation of delay in filing the appeal has been filed bythe appliGont. 3. Considering the grounds mentioned in the application for condonafrion of delay, the same are allowed and delay in preferring the above appeals is hereby condoned. ^ ^iSS^s^ 4. M.A. (c) Nos.1159/09,1160/09, 1161/09 & 1175/09 preferred by the appellant herein are being disposed of by this common order as the issue involved in these appeals is the same. 5, The above appeals have been filed by the appellant against the common award dated 27.1.2009 passed in Claim Case Nos.12/07, 15/07, 11/07 <& 59/07 whereby the learned Additional Motor Accident Claims Tribunal, FTC, Pratappur, District Sur9uja (C6) (for shorl- the Ctaims Tribunal') has partly allowed the claim applicotions, awarded compensation to the claimants and fastened liability on the appellant herein to satisfy the award. 6. Facts of the case. in brief, are that the claimcnts have filed respective claim applicotions seeking compcnsfltion for the deoth of respect-ive deceased in a motor accident which took place on 8,5,2008 at about 8.30 p.m. in the night when the pick-up van bearing registration number C615-A-2025, in which the deceased persons namely Chamru, Manglu, ftamkewal & Jamodeep were traveling as labourers, has met with an accident due to rash and negligent driving. The claimants of respective claim applications have claimed compensation on the ground that they were dependent on the deceased, who was the sole earning member in famity, and due to his death, they have suffered loss of income. 7. Claim applications filed by the claimants herein were decided together by tiie Claims Tribunal and the same were partly allowed vide common award dated 27.1.2009 in which the appellant herein has been held liabie to pay compensation to the claimomts on the ground that at the time of accident the vehicle was plied in breach of the conditions of insurance policy. 8. We have heard learned counsel for the part-ies. We have also perused the records of the Claims Tribund. 9. Section 50 (b) of the Act, 1988 envisages as unders- "50. Transfer <yf ownership.—(l)Where the ownership of any motor vehicle registered under this Chapter is transferred,— (a) xxxxxxxxxxxx (Z>) the transferee shall, within thirty days of the transfer, report the transfer to the re9isterin9 authority within whose Jurisdiction he has the residence or ploce of business where the vehicle is normally kept, as the case may b©,and shall forward the ^SMW^ certificate of registration to that registering authority t09ether with the prescribed fee and a copy of the report received by him from the trcmsferor in order that particulars of the transfer of ownership may be entered in the certificate of re9istration. Thus it is clear that it is duty of the transferee to report transfer to the registering authority within a period of 30 days within whose jurisdict'ion he has the residence or place of business where the vehicle is normally kept, 10. A 9lance of the record shows that vide agreement dated 28.L2005 the vehicle in que^tion was transferred in the name of one Mukesh Kumar Tayal and an intimort-ion in this regard was sent by the appeltant herein to theoffice of the Regional Tronsport- Officer, Ambikapur, which was purported to be receiyed by the said office. However, the transferee i,e< said AAukesh Kumar Tayal, did not send any informotion to the registering authprity as re<^iir®d under Section 50 (b) of the Act, 1988 and the Claims Tribund while deciding the claim applicotions did not consider this aspTOt, therefore, we feel that the motter requires reconsideration at the end of the Claims Tribunal. 11. For the foregoin9 reasons, we allow the appeal in part, set aside the impugned award and remit the matter back to the Claims Tribunal for taking decision afresh in light of observations made in this order. Needless to mention that the Claims Tribunal shatl provide opportunit/ to the parties to adduce further evidence, if <my, and amend the pleadings or to file documents or verify the documents already filed etc. The parties are directed to appear befor®the Claims Tribunal on 7th Seotember. 2011. 12.The Registry is directed to transmit record of the Claims Tribunal concerned without further deby. No order as to costs. 13. A copy of this order be placed in other connected appeals. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge -^