^ ^ G.P yU-HE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No.- —^_1200§^ APPELLANT jsv;s!@n BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH ITWARI BAZAR, RAIGARH Vrs. ^-ESPONDENTS/CLAIMANTS :- ^^ ^.^y •^ ^ ^?^.- MINOR KU. RATNA SINGH D/0 LATE PUSHPENDRA SINGH, AGE ABOUT 16 YRS., OCCUPATION - STUDENT MINOR KU. CHITRA SINGH D/0 LATE PUSHPENDRA SINGH, AGE ABOUT 14 YRS., OCCUPATION- STUDENT BOTH RESIDENT - NEAR TO SAI MANDIR, URDANA, THANA - CITY KOTWALI, RAIGARH, TAHSIL & DISTRICT - RAIGARH (C.G.) PRESENT ADDRESS - VILLAGE - KIRARI, TAHSIL - SAKTI, DISTRICT - JANJGIR-CHAMPA(C.G.) ON BEHALF OF BOTH (DELETED) GUARDIAN, MAMA- KUMAR SINGH S/0 DHIRPAL SINGH, AGE 45 YRS, OCCUPATION - AGRICULTURE, RESIDENT VILLAGE - KIRARI, TAHSIL - SAKTI,DISTRICT - JANJGIR- CHAMPA (C.G.) RESPONDENTS/NON-APPLICANTS :- / 3. SHRIKANT SINGH S/0 SHRI SHIVNATH SINGH, OCCUPATION -VEHICLE OWNER,( VASUDEV BUS SERVICE) SARANGARH BUS STAND, RAIGARH 4. BHUSHAN PRASAD SAHU S/0 PATI RAM •f SAHU, AGE 25 YRS., OCCUPATION - DRIVER (VEHICLE DRIVER) RESIDENT VILLAGE - DHURKOT, THANA - DABHRA, TAHSIL - DABHRA, DISTRICT - JANJGIR CHAMPA, PRESENT ADDRESS - SARANGARH BUS STAND , RAIGARH ' ^^—- (^ @ ..!.. 5. SMT. UMA DEVI W/0 LATE PAHAD SINGH, AGE - 62 YRS. OCCUPATION HOUSE LADY, RESIDENT URDANA BERIAR, IN FRONT OF SAIDHAM, RAIGARH, TAHSIL & DISTRICT - RAIGARH (C.G.) APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988 APPEAL VALUED Rs. 4,35,000/- ( APPEAL BY INSURANCE) COMPENSATION CLAIMED BEFORE TRIBUNALRs. 17^5(),000/- AWARDED AMOUNT BY TRIBUNAL Rs. 4,35,0007- 1 HIGH COURT OF CaHIATnSGARH. BILASPUR DB: Hon'Ue I. M. QUDDU8I 88 Hou'bte GHULAM MIBHAJUODnr, JJ APPBLLAMTIS: RBSItMBOBHTS: MJMCI Mo. 72/2009 Braach Maaager, the Oriental Insiu-aace Compaay Limited, Raigarfa v». RaagiSahu and anofher MISC. APBBAL CmDER SECHOTI 173 OF THE NOTOR VEHICLE8 ACT. 1988 Appearance: Mr. Sudlur AgnBwal, couBsel for the appellant None for the claunants/respondente thou^i sCTved. PerI.M.QODDUSI.J. ORALORDBR <ia.os.2oii) 1. List is being revised. Case is agaia (riled.out Evcn whea the matter is called out twice, no one appears on behalf of the respondents despite senrice of notice. Therefore, we piocecd ex-parte. 2. This appeal has beea fited by the lasiuance Compaay agaiast fhe impugned award dated 28.08.2008 passed by fhe III Addl. Motor Aceident Claims Tribunal, Ra^aA, Dfateict Raigarh (C.G) in Claim Case No.63/2007. 3. Brief facts of the case as per fhe version of fhe claimants aae that on25.10.2005 deceascd Pushpendra Singh was gomg towards viUage Lakha by his Scootcr for coUection work. On , the way at about 2.45 p.in., a Bus bcariag Regn.No. 13- A/5111 wbich was being drtyea by respondcnt no.4 iu a '^^sy rash and negU^nt manner dashed the Scooter fiuia back sidc, as a rcsiilt ofwhich, Pushpeadra Singh sastetaed fetal injuries aad dted on the spot At the tiiae of accident, the deceascd was aged about 40 yeara. He was worldag as Man^er ia M/s. Shwam Tiactor, Raigarh aad was eaimiag Rs.3500/- per month and Rs.42,000/-. The claiaiaats beiag dependents/legal heirs have filed claim petitioa u/s 166 of the Motor Vchicles Act, 198^ for the awaid of coaipensatfoa to the tune ofRs.l7,K),000/- under various heads. 4. The leamed Claims TribuBaIhasheldthatlIieoffeadmgBus which was bcing drivcn by respeadcnt ao.2 la a rash aad negl^jent maiiner inet wlth accident in which Ae deceascd died and it has awarded a total coiBpeasattoa of Rs.4,35,000/- which tiic claimante are entitled to aecewe fioin non-appUcante joinffy or seveialty. S. Learaed couasel for the appeBaat has disputed fhe iavolvcinent of Motor Vehicle by wlucli. fhc accident liad taken place. The appdlaat is instirer of^e Buswheceas it is subinitted by leamed coimsel for fhe appeflaat tfaat the accident had not taken ptece with the Bus, xather it iiad takcn place wifh SO/IDK vskaawa. vehicte aad fhe peopte jamiaed the road at thetnne ofaxadent and fhe NewspajiM' had alsoshown that it was an luihnowa Duniper. The P.I.R. was kidged in respect ofuaknown vehicte but it is not kaown as to what has happened in. fhe final report fited by fhe poUce u/s 173 oftheMVA. 6. , We are offhe opinion that the Tribunal has not coxriueted a proper enquiiy to ascertain the tni'Ui as provided in Rute 226 fl ;•' <?;.«:»'' of the C.G. Motor Velucles Rides aad Seetioa 168of Ifac Motor Velueles Act, 1988. The Claim Pctition should not tiave been treated as a civil suit and tke Tribiaial as an cxplorer of trufh is requlred to coaduct an enquiiy for ascertaiaiag the factual positmn. 7. It has been provided in Riric 226 of C.O. ttotar Vclucles Rutes, 1994 fhat the ClaaunsTribuitalshaBobtaiawhatever infonnation eawl documente which naay be fouad necessary fiioin fhe poBce, medical aad other authorities and pTocced to award the claimwhcther the partiea who were given nottee, appear or not, oa the appoiated datc. Furfher we caanot ^nore fhe provisions ofsectionl68 offhc MotorVehicles Aet, 1988 which pixwides that on receipt of an applicatixai fer compensation inade u/s 166, the Claims Tribunal shdlafter giviag tiic parties (uicludang fhe insiuiei) an opportunity of being heard, hold an inquuy iato the claua and subject to fhe provisions of section 162 may make an award detenaining the axaouat ofeoinpeasatton which appcara to it to be just 8. Further m case of Raj Kuinar—v»- Aj^ Kuiaw and anotIiCT decidcd on 18th October, 2010 and reported ia IV (2010( Aceident A CompeasaMon Ca»e»81S (8C) Hon'bte fhe Supreine Court hcld ia Para 11 fhat Secticais 168 aal 169 of the Act aialte it evident that fhe Tribiiaal does not ftuictiDn as a aeuteal umpire as ia a cnril siiit, but as an active exptorer and seelcer of truth who is reqiured to thold aa iaquiiy into thc claua* for dcteinuniag the 'just compensation'. The Tribiuial shoidd tlieirfbre take an active '%si^%l^i^fes^^?:tf;BN^^^S^%^SfP'^^^^l^^ ?i:^ffi^%^^^S^^I%''--'.?^^--'.i"'"^;'<:;::^'<:'^^^ rote to ascertain fhe true and concct posBitMt so fhatitcaa assess the ^ust compensation'. 9. Iu view of the above, we are of fhe oianfon ttiat the inatter requires reconsideratba at the ciul ofthc TxibunaL 10. Hcnce, we aUow ttus appeal in part; set aakle the awanl dated 28.08.2008 aad rexait thc inatter back to the Tribund for dedstoa a&esh. The Tribunal shall c<Miduct aa enquiiy regardiug fhe involveinent of the vehicte ia the accidcnt ia qucstion and suauuon the poMce report and otha- retevaat records, which are neccssaiy for ascertaiatog'lliiC truth and determiaation ofthe facts. Ifneeessaiy, it may atoodirect thc poUce to investigate aaatter afi-esh. 11. Needless to mention fhat parties shall be dlowed to auaend thc plcadiags, adduce furfher evidcace again ia support of their pleadings, if aay; file ftu-ther documcnts oar get the doemaeats verified eto., and thereaflEr the Trfl>unal shall dechle the claiin petition aficsh at the earliest in Ught ofthe obsewations anale hereia abovc. The recoids oftheTribwnal shall be sent back without lurther delay. 12. The^>peIIantaiayq>pcarbcforetheTribunalonS<ilof Juty, 2007 and tlie Tribimal shall issue aotice to the respondeate as no one has put m appearance on bclialf of tfac respondenls. Thc ainoiuit deposited by the lasurance Compaay shall be kept ia a fixed deposit ta any Natfamalizcd Bank for apertod ofoae year cxtendable fiaom time to tuae. Rao Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddia Judge