.Y'V''1^-^'\,>V;\/-\,-V^- IN THE mOH COURT OF GHHATTISGARH AT BILASPUR ^.l^ MA^NO.(1^?72009. OlvisionBeocft AB^ELLANT idrakumaryadavage27 s/o S.R.Yadav R/0 Quarter no. 1 092 ^^j ^ sector 5/A Balco nagar thana Balco Tha- ^^^Distt.K^(G.^H.M.Rin, '^^" l^w"^'^ <^^^""';5 ^^"^ and Distt.Korba (G.G) H.M. Ring road Mydhaparkorba j VERStS R^SPONDENTS 7' :. Shatmnghan Lal Koshley age 53 years S/0 late Thanu Ram Koshley R/0 Quarter no. 35 Sector 6/A Balco Nagar Pdlice Station Balco Tha.andDistt,Korba(C.G.) ^Hardul kurre S/Q Nand Ram Kuixe R/0 MkmgraPostOfficeBarikimongra Distt,Korba(C.G.) j MEMORANDUM OF APFEAL UNDER SECTDN-173_QFTHE MOTOR VEHICLES ACT, 1988 FOR OF THE GQMPENSATIQN AMOUNT HSRK i^. 2.S HKH COURT OF CHHATTISe^RH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QU&OUSI B HON'BLE MR. PMSH^NT KUM^R MISHM. JJ. Appe!Iant ftespondents M.^. [c] No.1137/2009 ftajendra Kumar Yadav Vs Shatrughan Lal <& others Present: Mrs. Renu Kochar, Advocate for the appellant. None for respondent No.l. AA.r. A. S^arnkar, Advocate for the respondent No.2. ORDER (11th January. 2011) I.M. Quddusi. J; 1. Heard. 2. The instant appeal under Section 173 of the AAotor VehicSes Act, 1988 (for short the Acf) is filed by the appellant, w/ho u/as not the registered owner of the vehicle involved in the present co.se at the time when accident has taken place, against the awar-d dated 28.07.2009 passed by the learned 2nd Additionai Motor Acadent Claims Tribunal, (FTG), Korbd (C6) (for short 'the Tribunar) in Claim Case No.56/2007 partly allowing the claim application of the claimant/respondent No.l herein, owarding a compensation of Rs.12,00,000/- to the claimant and fastening liability on the appellant herein to satisfy the award. 3. Facts of the case, in brief, are that respondent No.l has filed a claim petition seeking compensation of fts.26,17,620/4- forthe permanent disobjlity sustained by him in an accident took place on 26.72005 at about 8.00 am.in the morning, when n@ar Karm Talkies, bistrict Korbathe bicycle, on vi/hich the claimant was going to his place of work, was dashed by the motorcycie bearing registration number C612-B-5015, which was being driven by the appellant herein. The claimant has stated that due to his permanent disablement, he has sustained loss of earning capacity and therefore he is entitied to receive a sum of Rs.Z6,l7,620A as compensation. r ^v^ ^^^ 1 ^^ SiaSas^JJ ^6 4. The Tribunal, afl-er considering the issues framed by it, awarded a sum of Rs.12,00,000/- as compensation to the ctaimant and fastened the liability on the present appeilant to pay the amount of compensation. 5. We have heord learned counsel for the parties and perused the records of the co.se. 6. Section 20 (3) of the Act provides that 'owner' means a person in whose name a motor vehicle stands registered, and where such person is a minor, the guardian of such minor, and in relation to a motor vehicle which issubject of a hire-purchase agreement, or an agreement of leose or an ogreement of hypothecation, the person in possession ofthe vehicle under that agreement. 7. From perusat of the record it appears that on the date of incident the vehicle in question WQ.S not regi5tered in the name ofthe appetlant herein and infact the same was registered in th@ name of respondent No.2 herein and therefore, it is clear that the appellant was not the owner of the vehicie in question on the date of incident, However, since it is not clear that on which date actually the vehicie was purchased by the appellant, we are of the opinion that the matter requires reconsideration at the end ofthe ThbunQt. 8, For the foregoing reasons, the appeai is atlowed in part, the impugned o.word is set aside and the matter is remitted back to the Tribunal concerned for taking decision afresh after providing opportunity to the parties to adduce further evidence, if any, amend the pleadings, fiie documents or yerjfy the cJocuments already filed. It is also directed that. the omount, which has aiready been deposited by the appellant and yet not disbursed to the claimant, shall not be either refunded to the appellant or disbursed to the ciaimant till the decision is taken afresh. 9. The appeal is ailowed in part to theextent indicate above. 10. Certified copy as per rules. Roshan/- Sd/- I.M.Quddusi Judge Sd/- prashantKumarMishra Judge _ _