.f ® c-. ^ ^' IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR c/9^ 72009 M.ATNO. ^: Q]mm APPELLANT A CLAIMANT ..%• .^^" »:.^^"3 ..^v- I^SPONDENTS /' ^ Amit Kumar Jhalariya, Aged about 23 years, S/o. Shri Dhararalal Jhalariya R/o Village Budena, Tehsil Nawagarh, District Jangir-Chainpa C/o Parsa Bhata Balco Nagar olice Station Baloco Nagar Zila Korba (C.G.) VERSUS Diljeet Kumar Mahant S/o C. K. Mahant R/o Sector -5 Quarter N0. 191/A Balco Nagar Police Station Balco Nagar ,District Korba (C.G.) 2. C.K. Mahant S/o B.D Mahant R/o Quarter N0. 191/A Sector -5 Balco Nagar Police Station Balco Nagar ,District Korba (C.G.) _3. National Insurance Co. Ltd. branch Office Kosa Badi, Korba, District Korba (C.G.) MISCELLENEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT 1988, __^^]. SgiSfig 'SSKiSSS 'M 111 NI<SHC<>UR1'OtlC^IIATTr||^M ^^?r^:!^''':^/%^.'^ .€toteiEiIiiNffl^:;,^:,;,^,.^ l.ll,:'4:-:;.%.N:i':;}'^©^^BKifl.PiaWlii^Di^ HON'BVilM^N.fl^^l.^ltl^^Bj^ M.A.FC1 No.142a/20fi9 AbDellants ResDondents Vs Amjt Kumar Uhalariya Diljeet KumarMatiant &oth6rs -P'res6iit^;':^-'i';^:'l'"""/^ Mr.Pav^h|Kesharvvani|A^^ Mr.X.Kalatiikar;Advo|^t€^r^p^ Mr.Anu|^mE%bey,^cl\^ate^^ )RD:ER:l;.^ra11';-^..'':':V,:'.'::. . (27tnAugust, 2010) I.M.Quddusi.J: 1. The appellaht has fjled thjs app^al agai^st the aw^ 15.12.2006 passedin<>laJnft^^C^ learn^d Motot /leciderrt Claims Tn claim petitiort filed by the apRellant here^^ 2. BTref^a<;ts^f th&cas^arethat on 30.12.2002^^ W appellant was returnjng to regtetrati^n iiuml»er^©1|2-ZE^4^^^ by fhe non-appljcant^^^^ sustamed gnevous Jnjun|S or^his ya^ Th^ appelJant was admMted in^^t^ from where he was referVed to A^ account of the said accident th<e^^^^^^^^a perma nent <;!jsabjlrty and fherefore, he has (^w^d &r\^mQU^^^ of Rs.8^88,000/- ^n variou^^^^^^^^^^^^^^^h^^ tribunal below afterhearihQ th®paFti®s'n tK®^m J?asts bf m^erial^^^^^^^a petitjan of the app^lant on the ground^^^^^^ taken plaGe due to negligence ofthe appel^ 3. We have heard leafned cdunsel fo^r the ^Tnpuflned award as also the reco^rd ofth®clat^m i..:;'' 1'','. '. l.';ll;.. ^.••':•.•.' 4. The G^aims tribunat has cQnsid^ found that tbe acciderit took place due tp^^ n^ clajmant/appeliant her&jn hjmself and therefore^ ••^^& s ''''"•''<,i;'^.y entitled for any compensation, but the question regarding 'np fault iiability' has not been considered by the claims tribunal. 5. Section 140 (4) of the Motor Vehicles Act, 1988 in the above regard is liable to be perused,which is quoted herein below:- "(4) A claim for compensation under sub-section (1) shall not be defeated by reason of any wrongful act, neglect or default of the person in respect of whose death or permanent disablement the claim has been made nor shall the quantum of compensation recoverable in respect of such death or permanent disablement be reduced on the basis of the share of such person in the responsibility for such death or permanent disablement." 6. In view of the above, the claims tribunal should have considered the question of grant of 'no fault liability' to the appellant. Accordingly, we are of the opinion that the matter requires reconsiderat'ion on merit as well as on the question of grant of no fault liability in case, it is found that the appellant remained negligent and due to his negligence the accident took place. 7. In the result, the appeal succeeds. The impugnedaward dated 15.12.2006 passed jn Claim Case No.94/04 is hereby set aside and the matter is remitted to the Additional Motor Accident Claims Tribunal, Korba for reconsideration. The claim petition of the appellant herein shall be restored and decided afresh without being influenced by the award in question, which has been set aside by this order. It will be open for the parties to adduce additional evidence in support of their respective cases, if they desire so. 8. Registry is directed to transmit record of the claims tribunal concerned without further delay. 9. Certified copy as per rules. Roshan/- Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge