sn^i •?i ft-ii<»> ^TT'STf^T sh+l •ygSf ^W^*\, WT^W'W, fsjcoiuy W^f\\ *HI<* •Wt. 200 ani(?r iiaw (1l?fg?5?T) '^nwdfsa an^i IGH^COURT QF CHHATTISGARH, BILASPUR .4 Non-Appilcant no.1 APPELLANT N0.2 Non-a@BJJcant No.2 RESPONDENT No. Ap^ilicant np.1 Respondent No.2 Applicant no.3. ISCELLANEOUS APPEA ACT,1988 DB: HON'BLE SHRI JUSTi^E L.C. BHADOO HON'BLE SHRI JUSTI chl<4^^h "RTTRTf 'if,'fe(^ ^f<'(^R ^i'aifipTan^r (Ci No.1214/2007 State of Chhattisgarh, through the Collector District Raigarh (C.G) The Deputy Director, Department of Agriculture, Coliectorate Campus, Raigarh, District Raigarh (C.G) Smt. Savltri Devi, widow of Late Shri Girdhari, Goyal, aged about 28 years, Occupation, House Wife Ku.Monika Goyai, d/o late Shri Girdhari Goyal, aged about 10 years, Minor through Natural Guardian her mother Smt. Savitri Devi Both are R/o Sonkar Para, Raigarh, Tahsil & District Raigarh (C.G) Noorat Ram Sidar, s/o Not known, working as Driver, O/o Deputy Director, Department of Agriculture, Raigarh, District Raigarh, P/o Atarmuda, Raigarh, Tahsi! & Distt. Ralgarh (C.G). L U/S 173 PF THE MOTOR VEHICLES ;E SUNiL KUMAR SINHA, J & J. —78 an^r ?n R-ii+ 'tTqT 3TT^?T sb+li^ 3SET ^|^|ci<4, 8'Tflti'IS, (SlCliyy W^v\\ **11* •V^ 200 an^?r •VISK (^pf^?) ^dTWdfsCT sii^r -'2-.- ORAL ORDER Srat. Anju AIiuja, appeUaut No.l. Heard ou adiaissioit The State of Chhajl 173 of the Motor Vehicles dated 30.6.2007 passed] Tribunal, Raigarh (F.T.C),) learued Tribunal has aU^ uo.l 8s 2 i.e., wiSe and Giirlhari Goyal aud covi^ has been awarded with a| entitled for .iiiterest (2), 7 petitiou. Leam.ed counsel case, the claimants were question i.e., Jeep bearinj Nurat Ram Sidar in rad argued that iu fact at tiq driviag T.V.S.Moped in were 3 persons sittiag on (30.10.2007) |Deputy Govt. Advocate, for the State/ cpprfc'1'41'1 ^Hdf Tf.f«^<Fqt$l< ^? aifin 311^51 ajttisgarh has prefeired this appeal u/s Act 1988 being aggrieved by fhe award by IV Addl. Motor accMeat Claiins |m Claim Case no. 24/2007 whereby the ^wed fhe claiin petition of respoadents EJiinor daughter of the deceased naiaely iensation to the tune of Rs. 3,62,000/- stipulation fhat fhe claimants shall be fc % from fhe date of filing of fhe claun for fhe appeUants ai^ued that iii fhis tiot able to estabUsh that the vehicle ia No.C.G.02/1566 was beiug driven by fo aad negligent inaaner. She further [e fiiae of accident, fhe deceased was jash and uegligent maaaer and there pie said Moped. -3- x ?I-|P—78 Sf^S W K-tt* wnan^TsCTW 3^^ ^iww^, yrfl'H'is, fsi0iuy 'WTFIT (bMlcb WI, 200 an^CT iisrar C^f^5?r) 'renw^fTO aii^i -3,- beartu Sjdar add Haviug heard coi have perused the award. In this case, exainined, he has state{ at about 10 a.ia., he personal work and by th( 3 persous were staadi^ij Government Jeep driven by Nurat Ram froin Dhanagar side result ofwhich they feU witaess went near fhe al was one Mason, who u) Girdhari Goel of Sonk4 fhein to the hospital ^j Girdhan died on accident. The argiunent cousidered by the held fhat fhis witoess his evidence iu fhe PoUt rash aad negligent drivi|a was also filed agamst & 304-A of the I.P.C.J u|usel for fhe appeUaat for adinission, ws accoT-dnt leamtd hiiln chl^?l<l1l ^llH^* ^^Sl' •<fa-t$l< ^sTRnan^r \vi'|iiess no.2 Raviadra Siugh Bhatia was :P that on the fateful day i.e., 26.12.2005 |was goiag to vfllage Dhaaagar for his tune he reached Dhanagar, he saw that tg ou the comer of fhe road whereas ig No.C.G 02 1566 which was beiug ia rash aad negUgent inaaner caiue dashed against fhose persons, as a |down aad started writhaig ia paia. This ;cident place saw fh'at out of tbein there feed to work as Sub-Contractor. He was jrpara, Raigarh. Iiniuediately, they took fend thereafter he came to know fhat of iujiiries sustaiiied by hini in the advanced by couasel for fhe State was Tribunal in para 12 of the award aad witnessed the iucident, even he gave e ChaUaii case also and on account of by Nuram Rain Sidar, a charge sheet for cointuission of the offence u/ ss 279 fherefore, fhe finding of the leamed -i1- .?'«;"~ "'%__%, / A..,,^^»C-78 '^^•^^ »'aTs--3s5F 3D^I ^I (<;-ficb '?TaTT 3TT^?T a>H 3^'^mT^Rr, eiTfl'M'is, Rx'ii'My MIHyll **<!<* ./r?..^3^....../..i.l. WI. 200 an^T 'vw (.^•i'l'vs) ^(IIWHfeT-OT^T -^- Tribunal regardiag drivi(i; niaiuier by Nurat Ram is| find any iBegaUty or in^ni szibstance ia fhe arguiuefait This appeal beiag c\ and it is disinissed at fhe ^nAiT<n<fli ^wdf 'if^'fs1^ <f^<-$K ii'sTfimsn^r ig of the Jbep in rash aiid negligent based on legal evideuce aad we do not inity ia fhe saiae. Hence, fhere is no advanced by leamed counsel for the inQnnitv .evoid of inerits is liable to be disnussed niotion stage itself. Sd/- Sunil Kumar Sinha Judge