4 ^ ^ »»^o^ « <.. ^. IN THE HON*BLE HIGH C6URT OF CHHATTISGARH AT BILASPUR u Misc Appeal {C} N0. f~f'SO /2010 Oi^SiOTl B®! APPELLANT Bajaj Allianz General Insurancc Company Limited, Through 1.^ fl^^ Manager, Shiv Mohan Bhawan, lc^' ^'L^ Vidhan Sabha Road, Pandri; Raipur ..2>'WC.^-(^^ (C.G.)(INSVRER) •^ ' • • . . . .";.. • •• ;:' . . . ' •••':: •': . ^'•^":^;:^^:A<' ^•^^^w^ ^^'..^-'-'^ VERSUS RESPONDENTS '-ilf' {-^ (^ M) Sampati Bai Wd/o Late Ram Lal, aged about 24 years, Caste-Gond, Ku. Parvati d/o Late Ram Lal, aged about 04 year, Caste-Gond, minor represented through natural guardian mother Smt. Sampati Bai, Dev Singh S/oBahadurSingh,aged about 50 years, Caste-Gond, Injoria W/o Dev Singh, aged about 45 years, Caste-Gond, All R/o Tamradand, School Para, Thana-Khadgawan, District Koria, (C.G.) (CLAIMANTS) Narendra Prasad S/o Jeevaiilal, aged about 28 years, Caste-Panika, R/o Ratanpur, Thanal-Khadgawan, District Koria, .(C.G.) (DRSVER) Parmanand Jaiswal S/o Suraj, aged about 28 years, R/o R/o Ratanpur, Thana-Khadgawan/ District Koria, (C.G.) (OWNER) MEMORANDUM OF APPEAL UNDER SECTION 173 OF THB MOTOR VEHICLES ACT 1988 AS AMENDED BY ACTOF 1994 ^,5) ^ ^) w HIGH COURT OF^HHATTJSGARH.BILASPUR CORAM: Hon'bleShri I.M. Quddusi, J. & Hon'ble Shri Prashant Kumar Mishra, J. LfaNo.610of2010 ParmanandJaiswal. APPELLANT Versus RESPONDENTS SampatJ Baiandothers. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICL.EACT. 1988 Appearance: Miss Sharmila Singhai, counsel for the appellant. Shri Anand Shukla, counsel for respondents No.1 to 4. Shri Sachin Singh Rajput, counsel for respondents No.6; APPELLANT M.A.fC}No.750of2010 Bajaj Allianz Genteral Insurance Company LJmited. Versus RESPONDENTS Sampati Bai andothers. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 Appearance: . Shri Sachin Singh Rajput, counsel for th©appellant. Shri Anand Shukla, counsel for respondente No. 1 to4. Miss SharmHa Singhai, counsel for respondents No. 5 & 6. Following I. M. Quddusi, J. GRALQRDER (20/01/2011) oral order of the Court was passed by These are two appeals filed against the jmpugned award dated 26/04/2010 passed by the Additional Motor Acddent Claims Tribunal, Manendragarh. District - Koriya (C.G.) passed 1n Claim Case No. 59/2008. One has been filed by the Insurance Company to which a djrection has been issued by the Claims Tribunal to pay and recover from the owner of the vehicle. The other appeal No. M.A.(C) No. 610/2010 has been filed by the owner of the offending vehicle i.e. tractor against fixing the liability upon him instead of Insurance Company. •'^p -•^- -^' s'c- 2. The brieffactsofthecasearethaton 02/10/2008 deceased Ramlal along with his friencls went to Palj for doing Mason work. At about 12.00 o'clock In the night, when Ramlal was coming towards main road near Sarriya Munda, tractorbearing registratjon NO.C.G.16-E/0384 beingdriven rashly and negligently by respondent No.5 caused accident and he died. RamlaS was aged about 24 years and hewas eaming Rs.6,000/-per month. The clajmants have clajmed compensation of Rs.10,50,000/-. 3 . On perusal ofthecjajmpetition, it is revealed that the deceased was a third pariy buf according to FIR the deceased and other persons were sjtting on the trolley of the fractor. The police jnvestigated the matter and filed a final report (charge-sheet against the driver) before the JudiciaJ Magistrate FJrstClass, Katghora as Charge-sheet No. 92/2008. 4. Therefore, to determjne the fact whether it is a case ofthird party acddent or of a gratuitous passenger, we are pf the opinion that the Tribunaj shoujd summon the record i.e. the charge-sheet and peruse the statement of the independent wjtnesses shown by the Poljce as well as recorded by the Magjstrate and should find out the fact and thereafter a fresh award be made. It is the duty of the Tribunal to conduct proper enquiry to find out the facts. 5. Section 166 (1) ofthe Motor Vehictes Act.1988 (for short 'the Act') provides that an application for compensation ansjng out of an acddent of the naturespecjfied jn sub-section (1) of section 165 may be madebythe persons mentioned therein and Section 168 provides that on receipt of an application forcompensation made under Section 166, the Claims Tribunal shall, after giving notice ofthe application to the insurer and after gjving the parties (induding the insurer)an opportunjty of being heard, hold an inquiry into the daim or, as the case may be, each pfthe dajms and, subject to the provjsjons of Sectjon 162 may make an award determining the amount of compensation which appears it to be just and spedfying the person or persons towhom compensation shall be paid and in making the award the Claims Tribunal shaJI spedfy the amountwhich shall be paid bythe insurer or owner or driver of the vehjcle jnvojvecf in the accident or by all or any of them. as the case may be. 6. Ruie 226oftheMotorVehicleRules, 1994 (for short'the Rules') provides for obtaining of information and documents neeessary for \. ^ -%- .-> ^. \s. awarding compensationunder Section>40. It specificaljy provides that the Ciaims Tribunal shall obtain whatever jnformation and documents which may be foynd necessary from the Police, Medical and other authorities and proceed to award the claim whether the parties who were given notice, appear or not, on the appointed date. 7. in vjewofthe above, weset-asidethe impugnedaward and remitthe mattertothe Tribunal for decisjon afresh in the light of.observation made above. 8. Needless to saythat the parties shail be allowed to amend the pleadings adduce further evidence, file documents or to get the documents verified ete. thereafter, final decision shall be taken. 9. Parties shall appear before the Claims Tribunal on 22nd FebruaFy. 2011. The amount 1f already deposi'ted shall remain m deposit till a fresh award is made which shall be made as expeditiously as possible. Both the appeals are allowed in part to the aboveextent. 10. A copy of this order be placed in M.A.(C) No. 610/2010 and M.A.(C) No.750/2010. Sd/- I-M.Quddusi Judge Sd//- Prashant Kumar Mishra Judge .r-