APPELLANT IN THE HON'BLE HIGH COURT OF CHHATTISHGARH AT BILASPUR M.A.(C)NO.- ^^Z^Q^ :- -^IVISIONAL MANAGER & OFFICE, THE ORIENTAL INSURANCE COMPANY LIM1TED, MAI.VIYA NAGAR, DURG (C.G.) (POLICY N0.- 2004/995, LIMITATION - 24/01/2004 TO 23/01/2005 Upto) ^^ ° L——-— „ ^flat',,, z;^ ° ^^ ^^:^'y'\^<f"' ^^^••-^' RESPONDENTS/CLAIMANTS Vrs. ^l. SHAFI MOHAMMAD S/0 LATE PYAR MOHAMMAD AGE 33 YRS., CASTE - MUSLIM, RESIDENT OF BHILAI, TIIANA- PURANI BHILAI, TAHSIL.- PATAN, DISTRICT - DURG (C.G.) r K£7SPO]SDENTS/NON-APPLICANTS :- ^ 2. REKHURAM S/0 PITAMBAR AGE 35 YRS., CASTE-UNKNOWN, RfiSIDENT OF VILLAGE DIKIUIH, THANA - PULGAON, DISTT.- DURG C.G. (DRIVER OF TRACTOR N0.- C.G. -07/ Z.G./0264) HEMANT TANK S/0 RAMNIK BHAI, S CASTE TANK, RESIDENT OF VILLAGE VINAYAKPUR, DISTT.- DURG C.G. (OWNER OF TRACTOR N0.- C.G. -07/ Z.G./0264) APPEAL UNDER SECTION 173 OF JMOTOR VEHICLE ACT 1988 L INTHEHC APPELLA1 ^ >•'" ^^^^- ^- ^ ^s..-- RESPO^ F^/^c^^ FdA^, ^-w^^^ ^^...^, e/,/^ W-^-C^^ ^. ?-^-.? 't^^>\. V-"^ RESPO^ v ^ ^ ^l. SK^-2 HQlyiMM^; 5^0, L--VT'?1 py.A NOHA^MAP ;^Gft 33 YR£» C.s£TF - MUSLIM» ^T-SXDr:KT CF BHXX.^1,^5 TH»?A wPtJR^iI BHILM? T/»HS,IL-. JPAT^'t D2STRXC? ». DU.RG (C.G.)« |iS«a^,, H1GH COURT OF CHHATTISGARH AT BILASPUR D.B: APPELLANT RESPONDENTS Hon'ble Shri I.M. Quddusi. Hon'ble Shri Prashant Kumar Mishra. JJ. Misc. Appeal (C) No. 722/2008 Divisional Manager & Office, The Oriental Insurance Company Limited. Versus Shafi Mohammad and others. Shri SudhirAgrawal, counsel forthe appellant. Shri Yogesh Pandey, counsel for respondent No.1. APPEAL.UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 ORAL ORDER (18.01.2011) Per I.M. Quddusi, J. This appeal has been filed by the On'ental Insurance Company Limited against the impugned award dated 12/11/2007 passed by the Xth Additional Motor Accident Claims Tribunal (F.T.C.), Durg (Chhattisgarh) in Claim Case No. 06/2006 on the question of quantum fixed by the Tribunal. (2) The brief facts of the case are that on 11/09/2004 applicant Shafi Mohammad loaded Dhaniya in his vehicle Tata No. D-1/207 bearing registration No. C.G. 04/G/7599 and was coming from Balaghat-Shivni to Durg, at about 5.30 a.m. in the morning near Cigarette Factory, Tadesara, G.E. Road, Tractor bearing registration No. C.G. 07/Z.G./0264 driven by non-applicant No.1 rashly and negligently dashed the Tata vehicle due to which applicant received grievous injuries on his right hand and abdomen also. Applicant received fracture on his right hand and nose. He was admitted in Life Worth Super Specialty Hospital, Raipur for treatment. Applicant was working in Chattisgarh Earth Movers, Raipur and was getting Rs.4500/- per month as salary. The claimant has claimed compensation of Rs.20,25,000/-. (3) We have perused the Lower Court Record and found that the Orthopedic Surgeon, Dr. A.A. Saify has issued a certificate certifying that the daimant was having permanent disability to the extent of 28% to Right-Lower Limb, but he was not treating doctor and the certificate was also not got verified by the Medical Board, though there are documents regarding getting treatment filed by the claimant. However, we feel that ^y-^.^ ^-fg ^ ^- the permanent disability should have been certified by the Medical Board and therefore we remit the matter to the Tribunal for consideration afresh. Medical Bills are also under challenge. (4) Section 166 (1) of the Motor Vehicles Act,1988 (for short 'the Act') provides that an application for compensation arising out of an accident ofthe nature specified in sub-section (1) of section 165 may be made by the persons made therein and Section 168 provides that on receipt of an application for compensation made under Section 166, the Claims Tribunal shall, after giving notice of the application to the insurer and after giving the parties (including the insurer) an opportunify of being heard, hold an inquiry into the claim or, as the case may be, each of the daims and, subject to the provisions of Section 162 may make an award determining the amount of compensation which appears it to be just and specifying the person or persons to whom compensation shall be paid and in making the award the Claims Tribunal shall specify the amount which shall be paid by the insurer or owner or driver of the vehicle involved in the accident or by all or any ofthem, as the case may be. (5) Rule 226 of the Motor Vehicle Rules, 1994 (for short 'the Rules') briefly provides for obtaining of information and documents necessary for awarding compensation under Section 40. It elaborately provides that the Claims Tribunal shall obtain whatever information and documents which may be found necessary from the Police, Medical and other authorities and proceed to award the claim whether the parties who were gjven notice, appear or not, on the appointed date. (6) In view of the above, the Tribunal has to conduct an enquiry as laid down in Rule 226 ofthe C.G. Motor Vehicles Rules, 1994, therefore we set-aside the impugned award. Theclaim petition shall be decided afresh after providing opportunity to the parties to adduce further evJdence, file documents or get documents verified and amend the pleadings etc. and thereafter the claim petition shall be decided afresh. (7) The amount which js in deposit with the Tribunal deposited by the Insurance Company shall remain in deposit and shall not be allowed to be withdrawn till a fresh award is made. The deposit so made shall rem^lnjn fixed deposit in Nationalized Bank. The parties shall appear beforetheTribunalon 21/02/2011. —__ Sd/- LM.Quddusi Judge Sd/- PrashantKumarMishra Judge I- i ) "^,