IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. fC) No. iiOLt _0f 2011 ^ ^^ -^ ^ ^«ViS3©S1 APPELLANTS claimants .^'',/, ^'-^/-^ \pv/. • /"^/ /^-/l :S> t^ l?'0^?l /''. ^yv; RESPONDENTS Non-applicants O'yu^)'^-^ ^O \<V) •3<tL "^ CIW1^ :1) Bhuneshwar, S/o. late Lilar Singh Halba, aged about 28 years, :2) Smt. Suraj Bai, W/o. late Lilar Singh Halba, aged about 45 years, :3) Manesh, S/o. late Lilar Singh Halba., aged about 24 years, :4) Devki Bai, W/o. Tahalsingh Halba (daughter of Lilar Singh), aged about 25 years, All Occupation Cultivation labourers, R/o. Village Renga- kathera, Police Station and Tahsil Mohla, Post Rengakathera, District Rajnandgaon (C.G.) Versus :1) Duryodhan, S/o. Sheshram @ Shesh Narayan Pisda, aged about 33 years, :2) Gurudatt Singh S/o. Sheshram @ Shesh Narayan Fisda, aged about 45 years, :3) Chhaganlal, S/o. Sheshram @ Shesh Narayan Pisda, aged about 22 years, :4) Jivrakhan, S/o. Sheshram @ Shesh Narayan Pisda, aged about 35 years, :5) Arun Kuinar, S/o. Sheshram @ Shesh Narayan Pisda, aged about 40 years, Respondents 1 to 5 all Co-owners of Tractor No.CGOS C8090 and Trolley No.CGOS C8091 and all R/o. Village Rengakathera, Police E-l 9. Station and Tahsil Mohla, District Rajnandgaon (C.G.) :6) Oriental Insurance Company Limited Branch Rajnandgaon (C.G.) Old Rest House Road, Rajnandgaon (C.G.) ^ MISCELLANEOUS APPEAL UNDER SECTION 173^)F MOTOR VEHICLES ACT. 1988 HI6H COURT OF CHHATTIS6ARH AT BILASPUR DIVISION BENCH: HON'BLE MR. I.M.QUD&USI & HON'BLE MR.6ULAM MINHAJU&DIN. JJ ApBeLlants Respsndents M.A. tC1 No.404/2011 Bhuneshwar & 3 others Vs Duryodhan &5 others Present: Mr. V.K. Sharma, Advocate for the appellants. Mr. P.R. Patonkar, Advocate for the respondents No.l to 5. Mr. A.K. Athaley, Advocate for the respondent No.6. OR&ER (Oral) (11th August. 2011) I.M. Quddusi. J; 1. Heard. 2. The appellants-claimants have filed this miscellaneous appeal a9ainst the award dated 09.12.2010 passed by the learned 1 Additionat Motor Accidents Claims Tribunal, Rajnandgaon (for short- the Claims Tribunal') in Claim Case No.149/08. 3. Facts of the case, in brief, are that on 2.6.2008 deceased Lilar Singh was engaged as labourer in the tractor-trolley of respondent No.l to perform agriculturat work. t)ue to overturning of the said tractor-trolley, which was being driyen by respondent No.l in a rash and negligent mariher, the deceased pressed under it and died. Report of the incident was lodged in Police Station Rajhara. The clainiants filed claim application seeking compensation of Rs.19,04,000/- on the ground that they were dependent on the deceased, who was sole earning member in the family, and due to his death they have suffered loss pf income. 4. The Claims Tribunal vide impugned award dismissed the claim application of the claimants. 5. We have heard learned counsel for the parties. We have also pemsed the records of the Claims Tribunat. y-^^ 1 i& ld^~" 1'.^ ,:-A^'" /\. 6. Perusal of the record shows that a merg intimation was prepared on the next date of the accident i.e. on 03.06.2008, in which reason of death has been shown as 'fall of roof', but in the first information report, which was lodged after 27 days from the date of accident, it has been mentioned that death of the deceased wos due to accident by tractor. The Claims Tribunat negating the theory of accident dismissed the claim opptication holding that it was not an accident arising out of the use of motor vehicle. 7. Considering the facts and circumstances of case and further considering the findings given by the Claims Tribunal in the impugned award, we are of the opinion that the Claims Tribunal has not commifted any illegalit/, impropriety or manifest error of law warranting interference by this Court. 8. In the result, the dppeal has no substance, the same deserves to beond is hereby dismissed. However, it is made clear that this will not debar the appellonts to approach qipropriate forum for availing other remedies available to them under the law, if they so advised. sd/-. ; ^-—-^' Sdl- .,.. IMS°a ' -^ o.^a<l Roshan/-