IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.C.NO. &07 /2009 APPELLANT Manish Richhariya S/o Late Ramakant Richhariya aged about 40 years, R/o 27, Aishvarya Residency, Near Chhattisgarh Hotel, Thana Telibandha, Raipur Tahsil 8s District Raipur (C.G.){Claimant} RESPONDENTS ^ ri e;S>' 1^'";..^ .-•::'^' ^.-"iiJ»:\v ^^ ^ ^ VERSUS ^ 1) Awadhram Sahu S/o Shri Jogeshwar Sahu aged about 65 years, R/o ViUage Akola, Thana Khamaria, Durg Tahsil 8s District Durg (C.G.) {Owaer? 2) Vishram Sahu S/o Awadhram Sahu R/o Village Akola, Thana Khamaria, Durg Tahsil & District Durg {C.G.lfDriver; 3) The Oriental Insurance Company Limited, Through Divisional Manager, Divisional Office, Parmanand BuUding, Rajendra Park Chowk, G.E. Road, Tahsil & District Durg (C.G.) {Insurer} MEMORANDUM OF APPEAL CNDER SECTION 173 OF THE MOTOR VEHICLES ACT 1988 AS AMENDED BY ACT OF 1994 .•sfs''' f\V r ^. y^ ''K^-, t t n va S VA f3 J ^S^aay ^ff . ^a>'^.^"^'J< '^:~^lfv^-".. ^^ '\-tb'~ H!GH^QURT^>tLCHHATTISGARIt^BILASPUR M. A. (0 No. 807 of 2009 Appellants Manish Richhariya Versus Respondents Awadhram Sahu 8s others MISC. APPEALUNDER_SECTLON 173_0£THE_MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri G. Minhajuddin, JJ Shri Sachin Singh Rajput, Advocate for the appellant. Shri P. P. Sahu, Advocate for the respondents No.l and 2. Shri A. K. Athley, Advocate for the respondent No. 3. ORDE^RIOral] ( Passed on this 27A day of July, 2011) PerI. M. Quddusi J. 1. The instant appeal, filed by the appellant/claimant arises from the award dated 28.3.2009, passed by the 10th Additional Motor Accident Claims Tribunal (FTC), Raipur in Claim Case No. 2/2008, dismissing the claim petition on the ground that the deceased himself was rash and negligent and the accident occurred due to his own negligence. 2. The facts, in brief, as projected by the claimant, are that on 2.3.2007 he was returning from Jabalpur to Raipur by his car, bearing , registration No. C.G. 04 -H/5846. On the way, af about 16.45 hours, when he reached to Darra Main Road, Kawardha - Bemetera Road, in order fo save two children, who were trying to cross the road, the car o.f the claimant collided with a tractor, bearing registration No. C.G. 07-D/1274, which was standing on the middle of the road. In that accident the claimant received grievous injuries and multiple fracture on his head. He had taken treatment as an indoor patient for months and also remained in coma. Thus, the claimant filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of compensation to the tune ofRs. 30,00,OOO/-. ^ Thakur Learned Claims Tribunal having regard to the facts situation and the evidence on record dismissed the claim petition holding that the deceased was himself rash and negligent in driving his car and collided with the tractor which was stationary at the road side. The claimant is also facing & criminal trial as an accused, responsible for the accident. We have heard learned counsel appearing for the parties and perused the record. It has come in the evidence that on the fateful day the deceased himself was rash and negligent in driving the car; firstly, he dashed a roadside pedestrian and thereafter collided with the stationary tractor. Having regard to the facts situation and the evidence on record, we do not find any irregularly or illegality in the impugned award, warranting interference by this Court. The appeal is dismissed. No order as to costs. ^-, .—^ -_. SA'- I.M.Quddusi Judge Sd/- G. Minhaiuddin Judge