BEFORE THE HONOURABLE HIGH COURT OF CHHATTISG ‘ ’ AT BIALSPUR S/é /2004 x Smt. Jaga alias Jagiya, Widow of Late Ravishankar Gada, aged about 84 years, Alekh, son of Late Ravishankar Gada, aged about 12 years (Minor) through : Appellant . No. 1, Smt Jagya alias Jagiya. Videshi son of Late . Ravishankar Gada, aged about 19 years, Sanyasi son of Late Ravishankar Gada, aged about 23 years, All are resident of village Kasdol, Chowki, Balauda, RS. Saraipali, District Mahasamund (Chhattisgarh) VERSUS g Sanjeev Kumar Séhu, son of Shri Changarilal Sahu, resident of Suhela, PO : Suh‘ela, Distt. Bargarh (Orissa) RESPONDENTS Vikash Chand Gadatiya, son of f Not known, resident of Garatiya tikra, Suhela, P’S. Suhela,' District Bargarh (Orissa) a The Oriental Insurance Company, First Floor, Ambika / complex, Canal ‘ Avenue, Bargarh, Orissa, through Regional Manager, the oriental Insurance Co ny, Regional Office, Raipur (Chhatticsgarh) M MISCELLANEOUS APPEAL UNbER SECTION 173 OF THE MOTOR VEHICLES ACT 1988 1 W HIGH CGURT 6F CHHATTISG‘ARH AT BILASPUR DIVI$ION BENCH: HOM’BLE MR. !.M.QUDDUSI\& HON’BLE MR.NAWAL KI$HORE AGARWAL JJ W MA. No.51612oaa Mr. HarSh Mariam, Advocaie fol’ the appeHants. Mr. P. Dutta. Advocate for the'respondents No.3. ORDER Oral) we” September, 2919) LM. guddusLJ; Heard. 1 . 2. The appellants/ciaimants have filed this appeal under $ection 1T3 of the Motor Vehicies Act, 1988 against the award dated 10.2.2004 passed in Ciaim Case No.14/2002 whereby the learned 1“ Additional Motor Accident Claims Tribunal, Mahasamund (CG) (for brevity ‘the ciaims tribunai’) has dismissed the claim petition of the claimts. . Brief facts of the case are that on 29.12.2001 at about 2.30 pm. the deceased Ravishankar, who was husband and father of the claimants respectively, was going to Kandei from Chipali on’ his bicycie. When he reached near the petrol pump of Village Bhotaidih, at that time 'a car bearing registratioh number OR17- 3-3217, coming from the opposite side and driven by the non- appiicant No.1 rashiy and negiigently, dashed the bicycle of the deceased as a result of which he sustained grievous injuries on various parts of his body and died instantaneously. Report of the incident was iodged in the Police Station Saraipali and upon which the offence under Sections 297, 337, 304' of the indian Penai Code was registered against the non-applicant No.1 and after completion of investigation, the charge sheet was filed in the Court of the learned Judicial Magistrate 1“ Class, Saraipaii. The ciaimants, on account of death of said Ravishankar, have ciaimed an amount of Rs.6,56,000/‘-‘on various heads as compensation. an Aggéllants 'Smt. Jagya afias Jagiya and ‘ Resg‘ ondents Sanjeev Kumar Sahu and others Wesent: Roshani— ,t \% 4. The tribunai beiow on the pieadings of the parties fra ed the issues and after hearing the parties in the mafte nd considering the evidence availabie on record, decided aii the issues against the appeiiantsiciaimants and dismissed the ciaim petition. Hence this appeai by the appeiiants/claimants. . We have heard iearned counsei for the parties and perused the impugned award as aiso the record of the claims tribunal beiow. So far as the Issue No.1 is concerned, we find that the finding of the ciaims tribunal on this issue is not clear as there are contradictions between Para-6 & 7 of the impugned award. lt is also ‘hdt clear as to whether the death was caused due to the accident Further the injury reportipostmortem report in which anti mortem injuries were mentioned have not been discussed Ihe claims tribunal has also not considered the provrsrons or Section 144 (4) of the Act, 1988 regarding no fault lrability. Therefore, we are of the opinion that this is the fit case for remand. Accordingly, we allow this appeal in part, set aside the impugned award dated 10.02.2004 and remit the matter to the learned 1“ Additional Motor Accident Claims Tribunal, Mahasamund (CG) for deciding the same afresh after affording opportunity to the parties to adduce additional evidence in support of their respective cases, if they so desire. The parties shall appear before the claims tribunalvon 04‘“ October, 2010. Needless to mention that the ciaims tribunal shaii make an endeavor to conclude the proceedings as early as possible, preferably within a period of five months from the date of appearance of the parties. Registry is directed to transmit record of the claims tribunal concerned without further delay. 10. “KK\.\ ‘ Certified copy as per rules. ‘ Sd/- “H‘ Sd/- i N. K.Agarwal i‘ I.M.Quddusi Judge Judge