.f'.:<!"s-^. s,!'Esa)} -^' 'i - ;< HIGH COURT OF CHHATTISGARH AT BILASPUR Single Bench : Hon'ble Shri DiliD Raosaheb Deshmukh, J. M.A.(C) PR. No. 3597 of 2007 Wf /it-(c ? 2-5'4-y;;; Appellants Non-Applicants Respondents Applicants 1. Salit @ Baggad, S/o Sugriva Kosle, Age-15 years, Minor, through legal Guardian, Sugriva Kosle. 2. Sugriva Satnami, S/o Avadh Ram Satnami, Age 35 years, Both resident of Village Tikari, P.S. & Tah. Masturi, distt. Bilaspur. 3. Avadh Ram, S/o Nanuha, age 60 Years, R/o Village - Hardi, P.S.& Tah. Masturi, Distt. Bilaspur C.G. Versus 1. Ranjit, S/o Amarnath Ratnesh, Age - 35 years. 2. Pushpa Bai, W/o Ranjit, Age - 30 Years, Both R/o Village Silli, P.S. Pamgarh, District Janjgir - Champa C.G. Appeal under Section 173 ofthe IVIotor Vehicles Act. Present : Shri Raj Kumar Gupta for the appellants. ORAL ORDER (Passed on 15'" February 2008) Heard on admission. 2. Being aggrieved by the award dated 23.10.2007 passed in claim case No. 36/2007 by Chief Motor Accidents Claims Tribunal, Janjgir - Champa (henceforth, the Tribunal) whereby awarding a sum of Rs.75,000/- as compensation along with interest at 9% per annum payable to the respondents herein, the learned Tribunal has fastened the liability to pay the compensation on the appellants herein, the appellants have preferred this appeal. 3. Learned counsel for the appellants has argued that death of Sahil, aged 2 years, was not caused due to accident by the tractor No.C.G.10 A/7332. He did not dispute that on 14.04.2007 at about 12.30 P.M. the driver of the above mentioned tractor had lost control and the tractor had entered into a hut. It was argued that Sahil, who was playing near a RAJESH KUMAR SONTEKE Digitally signed by RAJESH KUMAR SONTEKE Date: 2025.02.05 10:35:55 +0530 ~"%^ l^^ 'iSlSJg^.igji ;t. bicycle, got injured due to the bicycle falling on him. No other ground was urged. 4. Having considered the submissions of learned counsel for the appellants, 1 have perused the impugned award. It is pertinent to note that the claimants have adduced evidence to show that death of deceased was caused due to rash and negligent driving of tractor by its driver. The driver of the tractor did not enter the witness box. It is also not disputed that Salit @ Baggad, who was the driver of the tractor, was aged only 15 years at the time of accident. 1 am of the considered opinion that the finding recorded by the Tribunal that the accident had occurred due to rash and negligent driving of the tractor by appellant No.1 is impeccable. It is also noticed that the appellants have not made the statutory deposit as required by the proviso to sub-section (1) of Section 173 of the Motor Vehicles Act. 5. In that view of the matter, there is no merit in this appeal and accordingly it is dismissed atthestageofadmission. - - -- Sdl- aosaheb0es D«'PRa< ^v