HIGHCOURT OF CHHATTISGARH, BILASPUR DB: HOK'BLB I.M. QUDDUSI & HON'BLB PR&.8HANT KUMAR MISHRA, JJ M. A. (Cl. No. 1033 OF 2009 Vs. APPEAL UHDER SECTION 173 OF THE MOTOR VEHICLBS ACT, 1988 APPEARANCE: Mr. Sudhir Agrawal, counsel for fhe appellaut. Mr. Anil Gulati, coimsel for respondent no.l. ORDER(ORAL1 (12.01.2011) Per I.M. QUDDUSI.J 1. Ttiis appeal has been ffled by fhe Insurance Company agamst impugned award dated 30.04.2009 passed by fhe VIII Additional Motor Accident Claims Tribunal (F.T.C), , Bilaspur (C.G) in Claim Case No. 145/2008 on the ground tliat the r-1aimant was a inanied daughter of the deceased to APPBLLANT Oriental lasurance Co. Ltd., through Divisional Manager, Geetaajali Building, Main Road, Korba, Tahsil and District Korba (C.G). RESPONDENT8 1. Soni Nirmalkar, s/o Late Raniadhar Nirmalkar, aged about 30 years, Resident of Tikarapara, Yadav Mohalla, Tahsil and Dfatrict BUaspur (C.G). 2. Laxmi KuiuaT, S/o Panchiaru Razak, a^ed about 35 years, fVehicle Driver), Resident of Baadhwapara, near Satbah.aiiia Mandir, Thana Sarkanda, Tahsil aad District Bilaspur (C.G). 3. Rajesh Dubey son of Dhanendra Dubey, aged about 27 years (Vetucle Owner), Resident of Old Sarkanda, Near Baghwa Maudir, Tahsfl aud Distnct Bflaspur (C.G). ^•-^.,. ^ aad was not dependent and she was not entitled to get coinpensation as awarded by the impugned award. 2. Briefiiacts offhe case as per the version offhe claunaat are that on 18.10.2007 deceased Puna Bai had gone to Rataapur from BUaspur for visiting goddess Mahamaya teinple aad while she was retuming by a Jeep bearing Rega. No.C.G. 10-Z.D/0319, the said vehicle metwitii an accident by dashiag a tree near Khaadoba Mandir, as a result of which, Puaa Bai and others sustaiaed iajuries. Puna Bai was adinitted to Hospital where she died diiring the course of treatment on account of Iiead injtuy received ia the said accident. Sbe was pensioner and was drawiag pension of Rs.3800/- per month fi-om the Departaient ofRaUways. The applicaat beiag daughter aad legal representative of tfae deceased has inade claun to fhe tune ofRs.16,78,000/- on various heads. 3. The leamed Clauns Tribunal has held fhat fhe ofTendiag vehicle was involved ia the accident in which deceased has died; the applicaat is entitled to receive coiupensation from fhe appellaut and it is not proved tbat the vehicle ia question has breached ffae policy conditions. —^ 4. Iu the preluninary statement of the claimant recorded by fhe Tritouiial on 20.6.2008, she had stated that in tfae claim petidon it has been inentioned that she was not married and it is not coiTect. Her niarriage was performed 1 Vs years back. But later on she filed affidavit aud cross-exanunation was done. She has mentioned that the age of her mother was 45 years as on 01.01.2003 and her husbaud was workuig ^ '•* -'^f' ''°"»-»A<^" ^?.• with fhe distributor of Nokia Mobile which belongs to Satya Agency but that busniess was closed and her husbaad was wifhout aay job and she was fuUy dependent on her inotfaer. However, the year of niamage has been lyped as 2002. We do not know whefher her inarriage has been correctly typed or not ia view of fhe statement dated 20.06.2008 wherc she has stated that her inarriage been performed 1 Vt years back. We are of the opinion that it is a fit case to reinit the inatter back to the Tribunal for decision afresh. 5. Henee, we atlow this appeal in part; set aside the award dated 30.04.2009 aad reinit the matter back to the Tribuual for decision afi-esh. Regardiag inarriage of the claiinaat, the Tribunal shall conduct enquiry uader rule 226 ofC.G. Motor Vehicles Rules, 1994 which provides that the Clauns Tribunat shaU obtaui whatever iaformation and documents which inay be found necessary. Further the parties shall be aUowed to ainend fhe pleadiags, adduce ftirther evidence, if aay, file the docuraents or get the docuinents verified etc., and thereafter fhe Tribunal shaU decide fhe claiin petition afresh at fhe earliest iri l^ht of the observations made hereia above. The parties shaU appear before fhe Tribunal on 22ad of Feb. 2011. The records of the Tribunal shaU be sent back without further delay. --' 6. The amount which has been deposited by the Insurance Company shaU not be disbzu-sed tiU fhe disposal of the claim petition and shatt reiaaui in fixed deposit. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge / ss^ss^s^:£^ss'=aR^^^^"®S^^B»^^^^^^^^^^:~ ~l~'