IN THE HIGH COURT OF CHHATTISGARH BILASPUR Appellant/ Applicant Respondents/ Non- Applicants Misc. Appeal No. ) /2005 9 > l<»iiiffiK' ggggis Smt. Sukhwatee Bai, W/o Sumer Singh, Age 50 'R/o Vill. Koliyaree, PS Nawapara-Rajim, Raipur (CG) VERSUS 1. Videshee, S/o Shekhoo Vishwakarma, 2. Kasheeram, S/o Amreetlal Sahu, No. 1 & 2 R/o Vill. Khaparee, PS Aarang, Raipur 3. The United India Insurance Co. Ltd. Branch Office, Raipur, By Divisional Manager, Kutchery Chowk, Jail Road, Raipur, (CG) Appeal U/S 173 of the Motor Vehicles Act, 1988 ^' if?*81 HIGH COURT OF CHHATTISGARH : BILASPUR M. A. No. 1291 of 2005 AppeUant Sint. Sukhwatee Bai Versus Respondents Videshee & ofhers APPEAL UNDBR SEGTION 173 OFTHE MOTOR VEHICLES AGT, _1988 DB: Hon'ble Shri Satish K. Agiuhotri & Hon'ble Shri Justice Rajeshwar Lal Jhanwar, JJ Shri Raja Sharma, Advocate for the appeUant. Shri Satyendra Sahu, Advocate for the respondents No. 1 aad 2. Shri Dashrath Gupta, Advocate for the respondent No,3. ORDER fOral) ( Passed on this 19th day ofJatiuary, 2010) Per Satish K. Agnthotrl J. Heard. The instaat appeal arises iroia fhe award dated 13t11 Jiily, 2005, passed by fhe 9th Additional Motor Accident Claims Tribunal (FTC), Raipur in Claun Case No, 74/2005, wherebyfhe claini of fhe appeUaat was disinissed pn the ground that the claunant/ appeUant has failed to estabUsh that she receivcd injuries ia the accident, whichwas caused bythe tractor-trolley,-seized in the iucident. The facts in brief are that the appellaiit had filed a clauu case for grant ofcoinpensation to the tuae ofRs. 11,00,000/-. The ease ofthe appeUaiit is that on 22.4.2003 on the instructioii offh.e owner ofthe Tractor - Trolley, bearing registration No. M.P. 23 6116 & 6117, new nuraber C.G. 04-D/0958 & 0959, she was goiag froni village KoUyari to Khapri, sittmg ia the troUey as Coolee - Laboiir. At that tiLme the respondent No. 1 driving the vehicle io. rash and negligent inanner turaed tutfle the vehicle, as a result of which the appellaat came uiider fhe troUey aad received grievous iajuries. The appeUant was ;ot admitted in ffae hospilal by fhe poHce. On account ofthe accident, fheappeUaat receivedpermanentdisability. | On theotherhaad, fhe respondents No. 1 aad 2 Ifiled theirjoiut reply, whereia it was stated that fhe tyie of the ti-uck got puaetured, fherefoie tiie vehiGle got damaged. Nobody receiyed auy^injury ia fhe „ accideut by tfaeir vehicle. The appeUaat was ne^er engaged by thein ^: ^(V as Labour nor did she receive any iiyui^r on 22.4.2003 due to fhe accident caused by their vehicle. The driver of the vehicle was having valid and effective drivmg Ucense. The respondentNo.3 also filed its written stateinent and derded the atlegations raade in the claua petition. 4. On perusal of the papers" it is apparent fhat the offence relating to the accident was registered by fhe police at Crune No. 46/2003, under Sections 279, 337 aad 338 ofthe Indiaa Penal Code on the report of Suraer Singh (husband of the appeUant) against the driver Saiitram. S/o Dukhram for driving the Tractor - TroUey No. M.P. 23/6116 a& 6117 but the Tractor - TroUey No. C. G. 04/0958 & 0959 was seized fi-oin fhe driver - Videshi Vishvkamia (respondent No.l). Thus, the Tribunal has rightly held that the appeUant has failed to establish that fhe aUeged accident was caused by the vehicle ia question i.e. Tractor-TroUey No. C.G. 04/0958 & 0959. 5. Having heard learaed counsel appearing for the parties aad havins perused fhe pleadings and origuial docuinents available in fhe record of the Tribunal, we are of the opinion that the findings recorded by the Tnbunal aad the iiupugned award are unexceptionable aiid do not suffer froiu any irregularity arid illegality. The Tribunal has properly considered aU fhe evuiences and has coine to just conclusion. 6. For the reasons afore-stated, we are of fhe view fhat the appeUazit has miserably failed to raise any such ground which inay lead to iaterference with fhe uupugned award aiid as such, fhe appeal is disinissed. Sd/- Satish K. Agnihotri Judge ?i Sd/- R.L. JhaGwar Thakur •^'^-=^Si^J'^iiEilg'^.iffi^it?^ ^-&-*^^