c IN THE HON'BLE HIGHCOURT OF CHHATTISGARH AT BILASPUR n... . Oivisioii B@O(A MISC. APPEAL [C] N0. //-,^ /2010 (D.B.) (MISC. APPEAL UNDER SECTION 173 QF THE MOTOR VEHICLE ACT, 1988 VALUED (% 20.27^200^ • .^^l^ APPELLANTS ^LAIMANTS ^ 1. Viman Das Godwani S/o Late «"' Radheshyam Godwani, aged about 48 years '^ :-^^ •^.^-" ^2. Smt. Vidha Godwani w/o Viman Das Godwani, aged about 45 u^'^ years- ^^t^V^"^3. Rahul Godwani S/o Shri Viman ^ Das Godwani, aged about 20 years. All R/o Patarkar colony, Durg, District Durg (C.G.). RBSPONDENTS VERSUS „ 1. Ravi Kumar S/o K.P. Kumar, R/o M.I.G.C. 85 Vaishali Nagar, Bhilai, Tahsil 8s District Durg (G.G.) 2. Manager, Reliance General Insurance Company, Ravi Bhawan, G.E. Road, Raipur, District Durg (C.G.) ^" (MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 VALUED (a), 20.27.200^J ^^^- _]S-eirL£F-^^f^[x^^7L^C:^~1—i~^~~— HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS Claamants RESPONDENTS M.A fONo. 164 of 2010 Viman Das Godwani & others Versus Ravi Kumar & Another APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri N. K. Agarwal & Hon'bSe Shri G. Minhajuddin, JJ. Present : Shri Amiykant Tiwari, Advocate for the appeilants. Shri SS Rajput, Advocate for respondent No. 2. ORAL ORDER (Passed 17.08.2011) Per : N.K. Agarwai, J. 1. The instant appeal has been preferred by the appeilants against the award dated 27.10.2009, passed by the IXth Additional Motor Accident Claims Tribunal, Durg (for short 'the Tribunal') in claim case No. 42/09 dismissjng the c!aim petition of the claimants. 2. Brief facts of the case are that : on 06.03.2007 Avinash Godwani (Since deceased) while going towards Bhilai by his Centro Car (Chassis No. MALAA-51 and R7^4-027184) met with an accident with unknown Tractor and pursuant to the injuries sustained in the said accident he died. 3. The claimants claimed Rs. 20,27,200/- as compensation by filing application before the Tribunal under Section 166 of the Motor Vehicles Act, 1988 (for short 'the MV Act') for death of Avinash Godwani in the said accident. Y ) s<\ J^ 4. The Tribunal, on a close scrutiny of the evidence led, the material available on the record, and submissions of the parties, dismissed the ciaim petition preferred by the appedants holding that claimants have failed to prove the accident. 5. We have heard the counsel appearing for the parties and perused the records as well as award impugned. 6. Since respondent No. 2 has admitted the factum of accident and death of Avinash Godwani in the said accident, findings of Tribunal that claimants have failed to prove the accident, is devoid of merit. The same desen/es to be and is hereby set aside. 7. For the reasons mentioned hereinabove the appea! is ailowed in part. The matter isremitted back to the concerned Tribunal for deciding the claim petition afresh in the light of observations as made hereinabove. Needless to mention, the Tribunal shai! afford proper opportunity to the parties to lead evidence and to file additional documents, if any. Records of Tribunal be sent back forthwith. 8. 9. Parties are directed to appear before the Tribunal on 30.09.2011. No order asto costs. _ Sd/- G. Minhajuddiu Judge Sd/- N.K. Agarwal Judge Sahu