IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL (Cl N0. ^-i?5! / 2008 i>* X APPELLANT INSURER ^.^' \^ ICICI Lombard General Insurance Co. Ltd., ICICI Towers, Bandra Kurla Complex, Bandra (East) Mumbai, Through it's Legal Manager, 3rd Ftoor, c^-l^"rAhs>^^) Lal Ganga Shopping Complex, G.E. f,^-'"""^ .^ri'Q'^. ^" Road- RaiPur. Chhattisgarh ^^^T^-^"° ^••^^' ^RESPONDENTS CLAIMANT VERSUS -1. Shiv Shankar Gond, son of Shri Ram Singh Gond, aged about 23 years, resident ofVillage Badrapara, Beltara, Post Office Beltara, Police Station Ratanpur, District Bilaspur, Chhattisgarh ^—2. Vijay Kumar Kashyap, S/o Jagram Dau, aged about 35 years, Village Beltara, Thana Ratanpur, Tehsil Ratanpur, District Bilaspur, Chhattisgarh [ TRACTOR OWNER ] MEMORANDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR RESPONDENT N0. 1 VEHICLES ACT^ISI ^ HIGH COURT OF CHHATriSGARH. BILA8P0R APPBLLANT: RESPONDBMT8: DB: Hon*ble I. M. QUDDU8I fc Hon'Ue G. MINHAJUDDIN, JJ M. A (Cl. No. 1058/2008 ICICI Lombaxd General Insurance Co. Ltd. Vs. Kusli Kumar Rajak & ofhers APPELLANT: RBSPOMDBNTS: M. A (Cl. Wo. 1294/2008 ICICI Lombard Gener^ Insurance Co. Ltd. Vs. Shiv Shankar Gond & another MI8C. APPBAL8 UNDBR SBCTIOW 173 < THB MOTOR VBHICLBSACT. 1988 Appeuraace: Mr. Axxirit Das, counsel for fhe appellant in bofh the appeals, Mr. Malay Kiunar Bhaduri, counsel for respondent 2 ia M,A (C). No. 1294/2008 & respondent no.3 that is owner in M.A (C).No. 1058/2008. Per I.M. OiyDDUSI. J. ORAL ORDBR (24.06.2011) 2. Since bofh fhese appeals adse out offfae same accident met wifh by TractorTroUey bearing Regn. No. C.G.10-A/8599 & C.G. 10-A/8600, fhey are beiag disposed ofby fhis common order. M.A(C).No. 1058/2008 has been filed against the impugned award dated 07.05.2008 passed by the First Additional Motor Accident Claims Tnbunal, Bilaspur (C.O) ia Claim Case No.238/2007 whereas M.A(C). No. 1294/2008 has been ^ ^<^^ filed agamst fhe oider dated 07.05.2008 passed separately ia Claim Case No.290/2007. 8. Bnef facts of fhe case as per the version of claimaiits arc as foUows: (i) M.AfQ.No. 1058/2008 - On 23.01.2007 deceased Satish Kumar Rajak was driving the Txactor TroUey bearing Regn. No.C.G.lO/A-8599 owned by respondent no.3 who was fhe employer of deceased. When he was going to load the sand in fhe TroUey Jtom a ghat situated io. Deori, suddenly fhie ficmit tire of tfae vehicle burst and the vehicle has tumed turtle. Stodsfa Kumar was crushed under the Tractor TroUey^ as a result of which he died on fhe spot due to fhe fatal iiyuries received by him. At llie time <rf aeddent, he was oged about 22 years- He was earaiag Rs,3300/- per monfh by workmg as driver under fhe employmeat ofrespondent no.3. The claimantss beix^ dependents/ legal representatives o£the decesused tave fited clami petitiou u/s 163-A of fhe Motor Vehicles Act for the awaixl of totel compeiisatioa of Rs.4,75,000/- on various heads. (ii) M.AfC l.No. 1294/2008 - On 23.01.2007 at about 1.00 p.m. the claimant/injured Shiv SIiaokar Gond rwas going m fhe Tractor^Trolley bearmg Regn.No. C.G.10-A/8599 & C.G.10-A/8600 to load fhe sand in fhe Trolley. On the way fhe said Tractor- Trolley which was beiiig driven by deceased Satish Kumar in. a rash and negligent maxuier tuiiied turtte as a result ofwhich, the laboujrcrs sitting ia the TroUey sustained iajuries. In fhe said ac^ident^ claimant Shiv Shaakar Gond sustamed iajuries on his left leg, waist, right haad^ collar bone, chest a&d ofher parts of the body aad he became pennao.enfly disabled due to the mjiuies sustamed by him. He has undergone major operation on his leg and spent huge amount for his trcatment. He has filed a claim petition u/s 166 ofthe --^ ^:^ ^ 1 i ' Motor Vehicles Act for the award of total compensation ofRs.9,10,800/- onvarious heads. 3. The learaed Clauns Tribunal has awarded a total compensation of Rs,3,41,100/- to the claimaats ia Claim Case No.238/2007 and Rs.2,01,080/- to the injured claimant ia Claim Case No.290/2007 fasteniag Uability upon fhe appeUant Insurance Compaay as weU as fhe owner aiid holdiag that fhe Tractor bearing Regn.No.C.G.10-A/8699 aad TroUey beariag Rega.no.8600 met with accident in which deceased Satish Kumar Rajak died and claimaiit Shiv Shankar Gond sustaiaed grievous mjiiries. 4. Learaed counsel for fhe appeflant submits fhat tihe insuraace poUcy of the vehicle m question was a fakd oae and the vehicle was never msured by fhe appeUant 5. We have heard learaed counsel for fhe parties aad liave penised fhe records ofthe Tribunal. 6. At least fhe register and ofher relevant documents contaming the date on which the alleged foke msuraa^e policy was made should have been produced whieh has not been done. Therefore, we are of the opmion that the matter requires reconsideration at the end of fhe Tribunal to ascertain as to whefher fhe vehicle was iasurcd or not 7. Hence, we aUow these appeals ia part aad remit the matters back to fhe Tribunal wifh a dircction that fhe parties sfaall be allowed to amend fhe pleadiags, adduce further evidence, fite documents or get fhe documente verified etc., aad fhereafter fhe Tribunal shall take a fresh decision onty wifh regard to Issue no.4 fi-amed iii Claim Case No.238/2007 so as to correctiy fix the Uabilily to pay compensation m bofti fhe claim cases, It is made clear fhat fhe Trfciuial shall not disturb the quaiituici part aad whatever compensations have been awarded shall not be reviewed. 8. The parties shafl appear beforc the Claims Tribimal on 25th Ju^, 2011. The records of tihe Tribunal shall be sent back without fiirfh.er delay. 9. In the resiilt, both fhe appeals are aUowed ia part- No oider as to cost. Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Rao '\