•a^ sion 1EFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT MISC.APPEAL FC1 2- /2008 MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 APPELLANT ^•••\ ^ .^ Fhe New India Assurance Company Limited, through - Divisional ,^ ^•v".^:^ l's^~,A.--" ^t-^" •-^••^fl. ^'-"" Q^ Manager the New India Assurance Company Limited, Bilaspur, 2" Floor, Rama Trade Centre, Opposite- Rajeev Plaza, Bus Stand, Biiaspur [C.G.]. RESPONDENTS CLAXMANTS DRIVER OWNER ^ VERSUS Shobha Prasad son of Govind Prasad Chaturvedi, aged about 58 years. 2. Yogeshwari D/o Shobha Prasad y..^Chaturvedi, aged about 25 years. 3. Sarafraj Khan son of Daraj Musalman, aged about 35 years, R/o Near Bhairavbaba Mandir, '^///s? Ratanpur, P.S. Ratanpur, District Bilaspur (C.G.) Divyakant Sharma, R/o Ratanpur, P.S. Ratanpur, District Bilaspur (C.G.) ^ HIGH COURT OF CHHAmSGARH AT BILASPUR MISC. APPEAL (C) No. 62/2008 APPBLLANT The New India Assurance Company Ltd. Versus RESPONDENTS Shobha Prasad and others DB:- HON'BLE SHRI I.M. QUDDUSI AND HON'BLE SHRI N.K. AGARWAL,^! PRESENT:- Shri Saurabh Sharma, Adyocate for the appel^ant. Shri AKhlish Mishra, Advocate, for the respondeat No. 2. ORAL ORDER (5-5-2011) PER I.M. QUDDUSI, J "\ \; This appeal has been filed by the appellant/Insurance Company against the award dated 6-12-2007 passed by the IIIrd Addl. Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 171/2007 whereby and whereunder an amount of ^?s. 3,27,PQO/- has been award fo the ,claimant fastening the liability to pay compensation upon the appellant/Insurance CQmpany. The appeal has been filed by the Insurance Company against quantum after obtaining permission under Section 170oftheMotorVehidesAct, 1988. .3 : Facts of the case in brief are that on 12-10-2006, at about 7.00 p.m. while claimant No-.l Shobha Prasad Chaturvedi was returning to his home at Ratanpur on his Hero Honda motorcycle bearing registration No. CG-10-ZE/7693, the respondent No. 3 driving the offending vehicle i.e. truck bearing registration No. CG-07-AC/1255 in a rash and negligent manner, dashed his motorcycle, as a result of which, claimant Sbhobha Prasad fell unconscious due to >—uiu "%.^ ^s^^'^*. "^^-•^^y^i^ ^ '<^&S^f?'" v ; ';•! <l^ ^^ - ^ J: VE^'/' '^ttas-,^ .v-f 4. 7. 8. 9. 10. 'Y . ~ injuries sustained and was hospitalized. He along with is handicapped daughter filed an application under Section 166 of the Motor Vehicles Act, 1988 claiming Rs. 10,00,OOO/- as compensation for the injuries sustained by appellant No. 1. In this case, though the documents related to treatment given to the clarmant/injured have been filed and in para 7 of fb.e impugned award, learned Tribunal has also observed that brain examination was conducted but the treating medical officer was not examined. F^-irther whether there was permanent disability or not has also not been . proved. Therefore, .the'calculation'.imade regarding the amount awarded by the Tribunal is not proper. In view of above, we are of the opinion that the matter requires reconsideration at fhe end ofthe Tribunal. Therefore, we allow this appeal in part, set aside the impugned award dated 6-12-2007 and remit the matter back to the Tribunal for decision afresh on merit in the light ofthe observations made above. The claim petition shall be restored to its original number. The Tribunal shall frame fresh proper issues and after giving opportunity to adduce evidence or to make amendment in the pleading by the parties or to file documents or to verify the documents already filed, the claim petition shall be decided afresh in the light of the observations raade above. The parties present before this Court shall appear before the Tribunal on 22-6-2011.' Record of fhe Tribunal be sent back without any further delay. No order as to costs. -—-——____ \; Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge