L?i:§^ Q i^ N^ S?;j^ ?i'- IN THE HON'BLE HIGILCOURT OF CHHAmSGARH AT BILASPUR^ICHHATTISGARHl MISC APPEAL (Cl No. J 4s 4-Y2007 NON-APPLICANTS: RESPONDENTS t'sS&'" w> _1Q. ^ APPLICANT : Beer Singh Rathiya S/o Nandlal Rathiya, aged about 54 years, profession-Agriculturist, owner of vehicle, R/o. Village Tenda Navapara. P.S. Gharghoda Distt.- Raigarh (C.G.). VERSUS l.Devbrat Rathiya S/o Shyam Kumar Rathiya 2-Vimal S/o Shyam Kumar Rathiya. 3.8mt. Meena D/o Shyam Rathiya Non applicant no. 1 & 2 R/o Village-Kukurda, Tah./Distt- Raigarh (C.G.) Non applicant no. 3 R/o Village Jobaro P.S. Tamnar, Tah.- Gharghoda, Distt-Raigarh (C.G.). 4. Saroj Kerketta S/o Rajaram Kerketta aged about 21 years, Occupation-Driver R/o Village Kanwarpara, Gharghoda, Distt- Raigarh (C.G.). APPEAL UNDER SECTION 173 OF'MOTOR VEHICLE ACT 1988 -^.•y^' 'C^;f .- }^. <-7'')..%-A"^ -^sy^ ?--" v^( \_" HIGH COURT QF CHHATTISGARH :^ILASPUR M. A. (C) No. 1454 of 2007 Appellant Beer Singh Rathiya Versus Respondents Devbrat Rathiya & others MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hontile Shri I. M. Quddusi 8s Hon'ble Shri G. Minhajuddin, JJ Shri K. N. Nande, Advocate for the appellant. Shri A. N. Bhakta, Advocate for the respondents No. 1 and 2. ORDER (Oral) ( Passed on this 24th day of August, 2011 ) PerI. M. Quddusi J. The instant appeal, filed by the appellant/owner arises from the award dated 30.8.2007, passed by the Fourth Motor Accident Claims Tribunal (FTC), Raigarh in Claim Case No. 65/2007, awarding a sum of Rs. 9,44,608/- along with interest at the rate of 7.5% p.a. The facts, in brief, are that on 4.1.2005 deceased Shyam Kumar Rathia was returning to Raigarh on his motorcycle. On the way, near village - Jhingol, Police Station - Tamnar, Tahsil - Gharghoda, Shyam Kumar Rathia was hit by the Tractor, bearing registration No. C.G. 13-A/0947, which was being driven by the non-applicant No.l (Saroj Kerketta) in a rash and negligent manner. The legal heirs/claimants, being dependents of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation ofRs. 16,12,OOO/- upder various heads. Learned Claims Tribunal having regard to the facts situation and the evidence on record awarded a sum of Rs. 9,44,608/- as compensation along with interest @ 7.5% per annum. ^ •f X'r^ •^ "1^ ^ i\ ^ ^ ..y 7. 8. 9. 10. Vli7 We have heard learned counsel appearing for the parties and perused the lower Court's record. Learned counsel for the appellant has raised a contention that the dependency of the claimants upon the income of the deceased has not been considered properiy by the Claims Tribunal. The claimant No.l Devbrit Rathia, aged about 24 years, was raa^or and was in service; the claimant No.2 Vimal died and the claimant No.3 Smt. Meena is a married daughter. Therefore, their entitlernent is to be considered in the light of these facts, whether they were actually dependent on the deceased or not. Indisputably, there was no effective insurance policy on the date of accident, therefore, the owner is Uable to pay the amount of conipensation. However, we find substance in the argument raised by learned counsel for the appellant/owner that the award is silent on the point regarding dependency of the claimants upon the income of the deceased. For the reasons stated hereinabove, we allow this appeal in part, set-aside the impugned award dated 30.8.2007 and remit back the matter to the Tribunal for decision afresh in view of the observations made hereinabove. No order as to costs. Needless to mention that the parties shall be allowed to amend their pleadings, adduce further evidence again in support of their pleadings and rnay file further documents and get the documents verified etc. The lower Court's record shall be serit back forthwith. ^--3^ Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge Thakur