a, IN THE HIGH COURT OF JUDICATURE AT BILASPUR IC.G.[ Cwil Revision No. z l 2005 SENQLE 33mg , Manager, Kailash Nagar , Rajnandgaon ( C.G.) V ' Civil Revision Under Section 115 of Code of Civil Procedure Petitioners . . Bharat Kumar S/o Shr1 Bansh1 Mn-applicant No.1 3.x“ Lal Vlshwakaram, aged about (Driver) years, Occupation Driver R/o. ~ , Sevtapara , Dongargaon Distt. Rajnandgaon ( C.G.) Non apphcant No 2. £Owner) Uddin, aged about 38 years, R/o Bus Stand Rajnandgaon (C.G.) 93":gnv5w‘” we 5m e Versus e§ Respondents] Khilanand Thakur @ Hiranand ’M / S/o Johan Lal aged about 32 years, R/o Village Jamadi, P.O. Aundhi, Tah, Manpur, Distt. Rajnandgaon( C.G.) Non-Applicant No. 3 Ramesh @ Suresh Bhuarya S/o. ‘(Driver) Itwari Ram , aged about 32 Khushabu Transport R/o. Village Kodemarra P.O. Dangarh Tah, , Ambagarh Chowki , Distt.Rajnandgaon ( C.G.) Non-Applicant No. 4 §: Pankaj Khandelwal S/o Madan Lal (Ovgner) " Khandelwal , aged about 28 years Truck owner No. CG-O7 ZC—3347, R/o.Ambagarh Chowki Distt.Rajnandgaon ( C.G.) Nay-Applicant No. 5 / 4. Nationallnsurance Co. Ltd. XIvHC<22 However learned Ciaims Trib‘ ’nai has fastened the liability of payment of compensation to the applicant the owner of the mini bus aione and has absolved non applicants 3 t 5 ie driver owner and the insurance s also involved in the said accident The above t'nding is contrary to the eVidence available on record and therefore learned Claims Tri unal has committed material illegality in , exercise of Its jurisdiction and herefore the impugned award is Iiable to be set aSide and the petitioner d serves to be absolved from the liabiiity of payment of compensation. The award is for Rs.‘ OOI- in faVour ofthe non-applicant No.1. Learned Tribunal after discu singithe material available‘o'n' record has arrived atthe conclusion that he above incident had taken place because 3122005: Shri Anand Shukla learned counsel for the applicant. ‘ Heard. ' , The applicant has prefer d this revision petition under section 115 of the Code of CiVil Procedure gainst the award dated 3 2 2005 passed ,by First Motor Acmdent Claims Tribunal Rajnandgaon In Claim Case No 40/2003 Lby which a sum 9f Rs. 5000I- was awarded agamst the petmoner and in favour of non applicant .1. Learned counsel for the appiicant submits thatcthe non —applicant ; 7'N6.1 sustained injuries b'ec' se ’of coHision between’ two vehicles. company of the truck which Mew O XI-HC—22 mm€fww %WWQ¥I of, the rash and negligent act of appjicant No.1 rand accordingly the petitioners have been held res‘ the non-applicant No.1 herein. finding of fact which cannot be under section 115 of the CPC. Accordingly. the revision is dismissed; Sd/— ‘ Dhirendra Mishra Judge oonsibie for payment of compensation to The tinding‘of. the Claims Tribunal is a interfered with in exercise of jurisdiction