Pi^- •^ c^ >' IN THE HIGH COURT OF JUDICATURE AT BILASPUR gjp^je MisG.Appeal (C) f^^-^/2009 (S.B.) APPELLANT [ : Dhanushdhari Singh, S/o Maheshwari Singh, about 32 years, Constable No. 516, Resident of Village - Darbha, District - Bastar (Chhattisgarh) VERSUS 5-/- NoR-applican^^.^^,^ Aged ^^^,? ^•••se RESPONDENTS CLAIMANT Pilaram, S/o Sonadhar, aged about 40 years, Caste - Mahra, Residentof Village - Tirathgarh, Police Station - Darbha, District- Bastar (Chhattisgarh) APPEAL UNDER SECTION 173 OF THE MOTQR VEHICLES ACT. 1988 ^y ;-HC-22 SPIT^T'SFT R'tjch 5b*iicb «i^a 5b*ll<ft ^s[ ^NH^I* ^Til^Ko. ^wy 3n^?r 'CR^ / ^^-(LQNo. ^^^1 WHC^TT 5b*licb fsrc^r' 200^ 3?n^?r '^n^R ^fer S.B. Hon'bSe Shri Justice N.K. Ataarwa! OS-12-2008 Shri V. Vijay, counsel on Gt»Nf<rt<ilr1TnTI^Jf ^ fe^ iFai^K '^3TPcRW^T behalf of Shri AvJnash K. IVJishra, counsel forthe appe!lant. Heard on admission. Thls is owner's appeal ag^inst the award dated 03-07-2009 passed in Claim Case No.02/20Qq by FlrstAddltJonai.Motor Accident Ciaims Tribunal, Bastar at Ja^daipur (for short 'the Tribunal5) whereby and whereunder an a| awarded in favour ofthe ciaimant tnount of Rs.38,520/- has been ^s against the appeiiant along with Inferest @ 7.5% per annum fropn the date of apptication till Sts recovery. The facts briefiy stated are ^s under: On 06-10-2004 at 11-OOA.i(4. near Darbha weekiymarket, the appeliant whlte driving the motorc] 17-B/3059 rashEyand negifgentiy to that, the respondent sustained ^ yde bearing registration No. C.G. dashed the respondent. Pursuant irievous injuries. filing an application under Saction The report wa$ lodged inthe Potice Statlon.Darbha and the crime was registered under Sectj|3ns 279,337,338 of I.P.C. agalnst the appeljant. The respondent/claimant b^ 165 of the Motor Vehjdes Ae|t, (for short 'the Act') daimed Rs.1,18,000/- as compensation |or the Injuries sustained by him against the appeliant. I. Learned Tribunal on a clos^ scrutiny of evjdence led, material piaced on record and submissionsl made bvthe Darties. h^ld thatthe J^^Lf-f^ci^f :C-22 sn^T'^i f^ti5»»^T^T so+ii^ft «Ra Kvr ^~^f ^II^IM4, ^Ti1<i<i<o, f^Krti^y 3Tlit?T XI5|^ ^l^dl 9b^icb /^[ 200 fN^r' ^W '^iTW ^ff^T 2-— respondent sustalned perrnanent compensation in favour of the re^ along wlth interest 7.5% per annur|i- .Learned counsel appearin| that the learned Tribunai has erre^ appeiiant jnasmuch as the appe!!^ the said accldent -ar§d accident d^ negligence. . • • 1 have heard learned '.'the award inipugned. The iearned:..Tribunaj t papers as v/eil as the evldence ^ saia' accident occurred due to r< appeJIant and Impugned award in. favour of ttl counsel falled to point out any cl| negligence for the said accident. !n view of the foregoing re^ In the appeal. Therefore, the ap| dismlsssd at admission stege. cM<<f<rt<i1ri 'WI^if ^ 'fe^ <F3t<^i< ^3rf^P:T3?n^T lisability and. 38,520/E- -as Ipondent as agalnst the appeliant for the appeiiant would submit [I in fastening the IJabiiity upon the |nt was not responsibfe In.GaysJng ^curred due to respondenfs own for the appeliant jnto consideratton' the dduced in the case.'he'Sd that the ish and nsgjigent driving by the the cornpensation and passed the e ctaimant. AppeJlant's learned 'cumstance showing respondenfs i.sons, I do- not fjnd any substance peai Is ijabie to be and is hereby ~Sdf- N.K. Agrawal Judge [Tft^^fezlf