d) £JB.. IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) MISC.APPEAL.No, ^.3?.f / 2004 1 ^ APPELLANT: CLAIMANT Anil Sharma, S/o Shri Dwarika Prasad Sharma, Aged about 32 years, R/o Purani Basti, Beside Street of Sarswati School ,Lohar Chowk, P.S. Pwani Basti, Tabasil ^ &istrict» Raipur (C.G.) VERSUS RESPONDENTS : 1; ^.^ ^^<^^ ^^ • A--v" ^^t^ ,,--^%^\'" ^ ^?^-^ \^>. .^\' -3. ^ SazidAti , S/o Shri Mehaboob AIi, Aged about 33 years , Oceupation- Driver, R/o Nehru Nagar, P.&. City - Kotwali, Distt. Raipur (Driver ofMeta<ior Bearing No, M.P.DA./7136) Tarach^id Chouhan, S/o Shri Tanwasi- CfaotAaa, R/(YShiv Complex, Kampa ,P:S. - Mova Pandri, Distt. Rafpur (C.G.) (Registered Owner ofMetador Bearing No. M.P. DA. / 7L36) The New Indra Insurance Company Limited, Through Divisional Manager, Division Office, Near Kutchery Chowk, Jatl Roa4, Raipw (C.G.) (Insurer ofthe Vefiicle KTetador Bearing No. MP DA / 7136) MEMORANDUM OF APPEAL U/&17J OF THE ^IOTOR VEHICLESACT1988. CTaTm in Stun of Awarded by Tnbunal Valued- :-Ks:-?,60,aQO/- Nill -R&.-3,6Q,0QO/-. Being aggrieved by the award dated 24/09/2003 passed by the learned 3 Motor Aceident Clauias Tribmial, Raipur (C.G.) m claim HIGH COURT OF CHHATTISGARH : BILASPUR M. A. No. 638 of 2004 Appellant Anil Sharma Versus Respondents Sazid Ali 8& others MISC. APPEALJJNDERSECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri G. Minhajuddin, JJ ^* Shri Satyendra Sahu, Advocate for the appellant/claimant. Sh,yi Rajkumar Pali, Advocate for the respondent No.2/owner. Shri Sudhir Agarwal, Advocate for the respondent No.S/Insurance Company. 1 QRDER(Oral) ( Passed on this 14& day of September, 2011 ) Per I. M. Quddusi J. The instant appeal, filed by the appellant/claimant arises from the award dated 24.9.2003, passed by the 3rd Additional Motor Accident Claims Tribunal, Raipur in Claim Case No. 46/2002, dismissing the claim petition. The facts, in brief, as projected by the claimant arc that on 27.11.2000 when appellant/claimant was returning to his home by cycle, at about 8.30 p.m. in front of the A to Z Building, Tatibandh road the non-applicant No.l while driving the Metadoor, bearing registration No. M.P. 23-DA/7136 in a rash and negligent manner hit the cycle. In that accident the appellant/claimant received grievous injuries and he was taken to the hospital in the alleged offending vehicle. The appellant/clainiant filed an application under Section 166 of the Motor Vehicles Act, 1988 for award of a total compenvSation of Rs. 3,60,000/- under various heads. ^•-. ••"&-^*^.^ —-^^^-_.,^.^-.^.....»^..- ^-^^ "^ :i^,-.-s^l^ „.; "tte^fi^ 1 ^ 'miii^^. I- "^^.^y INIII 7. 8. 9. 10. Learned Tribunal having regard to the facts situation and the evidence on record dismissed the claim petition holding that the appellant/ claimant has miserably failed to establish that the accident was caused by the alleged Metadoor. We have heard learned counsel appearing for the parties and perused the lower Court's record. It appears that the Claims Tribunal has not conducted proper enquiry as provided under Sections 168 and 169 of the Motor Vehicles Act, 1988 and Rule 226 of the M.P./C.G. Motor Vehicles Rules, 1994. It is a fact that the police has filed charge sheet against the driver of the alleged offending vehicle and an eye-witness was also shown by the police but the Tribunal had not summoned the police record and thus true facts have not come on record. Therefore, we are of the opinion that the matter requires reconsideration at the end of the Tribunal after conducting an enquiry as provided under the provisions of law. For the reasons stated hereinabove, we allow all this appeal in part, set-aside the impugned award dated 24.9.2003 and remit back the matter to the Tribunal for decision afresh in view of the observations made hereinabove. 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. The parties shall appear before the Claims Tribunal on 19.10.2011. The lower Court records shall be sent back forthwith. Sd/- I.M. Quddusi Judge Sd/- G. Minhajuddin Judge Thakur •.;^;'^5-r