.p ^' . ANNEIU^E: P I,,,! ;PAG& 10.: j-1^1 IN THE HIGH COURT OF CHHATISGARH AT BILASPUR (C.G.) MISC. APPEAL [C] No.:- -t"^ /2008 OMsion Baacli D.B. APPELLANTS: - JNon-applicant no.2] .•i/ [Non-applicant no. 1] 1. Ganesh Ram Sahu, Age:-38 Yrs. S/0: - Shri Manbhodhi Ram Sahu, R/OVillage:-Kampa, Post-Borkoni, P.S:-Tumgaon, Tahsil 85 District: - Mahasamund, (C.G.) [Owner ofthe DumperNo. C.G.-04/ZA/ 6636] r. Goverdhan Dubey, Age:-38 Yrs. 8/0: - Shri Jhaduprasad Dubey, ^^ '^y ^- ^•••'\^ R/0 Village:-Kampa, \^ .. Post-Borkoni, P.S:-Tumgaon, ^'y "..•'" Tahsil 85 District: - Mahasamund, (C.G.) .\^ [Driver ofthe Dumper No. C.G.-04/ZA/ 6636] :VERSUS: RESPONDENTS: - 1. Bajaj Allianz General Insurance Com.Ltd. €- " Through Branch Manager, Shivmohan Bhavan Pandri, P.S.Raipur, Raipur, Distt. Raipur[C.G.] [Insurance Com. ofDumperNo. C.G.-04/ZA/ 6636] (Claimant l J^r Smt. Mongra Bai, Age:- 38 Yrs, ^'-^ W/0 Late Jawahar Lal , R/0:- Subhash Nagar, Ward No.17, P.S. Mahasamund, Tahsil & District:- Mahasamund, (C.G.) '< -: MEMO OF MISC.APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. :- ^^---^^ ^ ^^^^^ v1 &""S S ^'i^ y^ '-'^ ^21^^^v ^ .\^ HIGH COURT OF CHHATTISGARH : BILA^PUR M. A, (C) No. 778 of 2008 Appellants Ganesh Ram Sahu & another Versus Respondents Bajaj Allianz General Insurance Com. Ltd. & another APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi & Hon'ble Shri G. Minbajuddin, JJ Shri Jamil Akhter Lohani, Advocate for the appellants. Shri Sachin Singh Rajput, Advocate for the respondent No. 1. None for the respondent No. 2. ORDER (Oral) ( Passed on this 27th day ofJuly, 2011 ) Per I. M. Quddusi, J. 1. This appeal, filed by the owner and driver of the offending vehicle, arises from the impugned award dated 2.5.2008, passed by the Principal Motor Accident Claims Tribunal, Mahasamund, in Claim Case No. 4/2008, awarding a sum of Rs. 4,07,200/- as compensation, holding the non-applicants No. 1 and 2/appellants, herein, as liable to pay the amount of compensation to the claimants. 2. The, brief facts, in nutshell, are that on 23.11.2007 when deceased Jawahar Lal, as a pedestrian, was going on N. H. 6 near Arang Nagar Panchayat, the offending vehicle - Dumper, bearing registration No. C.G. 04/ZA - 6636, which was being driven in a rash and negligent manner by the non-applicant No.l (Goverdhan Dubey) hit Jawahar Lal from the back. As a result of this accident A a, ""-% K^ ^Bl > Jawahar Lal received grievous injuries and succumbed to those mjunes. The legal heirs of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 18,00,000/- under various heads. Learned Claims Tribunal, having regard to the facts situation and the evidence on record awarded a total sum of Rs. 4,07,200/- along with interest at the rate of 6% from the date of the application i.e. 14.1.2008, holding the non-applicants No. 1 and 2/present appellants as liable to pay the amount of compensation, exonerating the Insurance Company from the liability. We have heard learned counsel appearing for the parties and perused the lower Court records and found that the issue with regard to breach of the Insurance Policy has not been framed and the question of liability to pay compensation depends upon the fate of the issue regarding breach of the conditions of fhe insurance policy. Therefore, in view of this fact and that the parties have not been afforded opportunity to lead evidence on the issue as it was not framed at all, we are of the opinion that the matter requires reconsideration at the end of the Claims Tribunal. In view of the foregoing, we think it proper that the matter should be reconsidered by the Tribunal and give its findings afresh in the light of the observations made hereinabove after framing the issue on^the point. Therefore, we allow this appeal in part, set aside the impugned award dated 2.5.2008 and remit back the matter to the Tribunal for decision afresh in the light of the observations made in the body of this order. No order as to costs. r~~ •m 7. Needless to mention that the parties shall be allowed to amend their pleadings, adduce further evidence again in support of their pleadings and may file further documents and get the documents verified etc. Thereafter, the decision shall be made by the Tribunal, as early as possible. 8. The amount, if any, deposited by the appellants shall remain in deposit till decision of the claim petition, afresh. 9. The parties shall appear before the Claims Tribunal on 24th August, 2011. 10. The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith. Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur ^