^y ^yy IW THE HIGH COURT OF CHHAmSGARH AT BILASPUR Bfisc. Appeal No. ^'l ^ / 2006 APPELLANT : Wvjsfi No.4 JFhe Oriental Insurance Conipany Ltd., Korba, fhrough its Divisional Manager, Divisional Office, Bilaspur (C.G.).' -Versus - RESPONDENT 'Clamiaut No. 1 :^- 1. EESPONDENT ?" Defendaat No. 1 Shri Bharatlal, 32 years, S/o Shri Shankarlfll Patel, R/ o viUage- Kandenara, PoUce Station- and Tahsil- Sakti, District - Janjgu- Champa (C.G.). 'iy' Shri Upendra Singh, 35 years, S/ o Shri Bal Singh Sidar, R/ o Amerideeh, Post- Pihrid, At the m.oiuent, R/o Lothia, Police Station- Kharasia, District- Raigarh (C.G.). -Driver- Shri Bal Singh, 50 years, S/ o Shri Dinbandhu Sidar, R.o Atueradih, Post- PLhrid, Police Station- Matkharoda, Diatrict- Janjgir Chanipa(C.G.). -Owner- Shri R-emlal, 45 years, S/ o Shri Asharam Patel, R/ o Kauda Nara, TahsU- Sakd, District- Jaujgu- Champa (C.G.). -Scooter Owner- APPEAL UHDER SECTIOIT 173 OF THE MOTOR VEmCLBS ACT, RESPONDENT Defendant No.2 RESPOVSDENT ^Defendflnt No.3 4. 1988. Appealvahied at Rs. 3,18,1 i 'imsSSS^ § ,, ^^sa.§| HIGH COURT OF CHHATTISGARH: BILASPUR D.B.: Hon'ble Shri I. M. Quddusi & Hon'ble Shri IVIanindra Mohan Shrivastava, JJ. Appellant Defendant No.4 Respondents M.A.No.476 of 2006 The Oriental Insurance Company Ltd. Versus Shri Bharatlal and others y- [Appeal under Section 173 ofthe IVIotorVehicles Act, 1988] Present: - Shri Shailendra Sharma, counsel for the appellant. Shri Shailendra Bhardwaj, counsel for respondent No.1. ^„—„„—„-„„„„„—-„-————„„„„„„-——„-„_ ORDER (ORAL) (Passed on this 28th day ofApril, 2011) Per I.IVI. QUDDUSI 1. This appeal has been filed bythe Insurance Company againsttheimpugned award dated 08-02-2006 passed by the Additional Motor Accident Claims Tribunal, Sakti, District Bilaspur (hereinafter referred to as ''the Tribunal" in Motor Accident Claim Case No.05/2005 in so far as it relates to its liability. 2. Brief facts of the case are that on 14-03-2004, claimant (Bharatlal), was going to Village Karranala from Village Kandanara along with his uncle on a Scooter bearing Registration No.C.G.12-ZM-8859 as a driver. Near Lothiya Thimani Road, at about 11 A.M. in the morning, a Tractor Trolley, bearing '-.. Registration No.M.P.26-E-9629 and M.P.26-E-9630, which was being driven in a rash and negligent raanner by the non-applicant No.1, dashed the Scooter, as a result of which, the claimant and his uncle received severe injuries. After the aecident, the non-applicant No.1 fled away from the spot. 3. The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 for award ofa total compensation of Rs.14,65.796/- undervarious heads^ 'w ^ ^h-^1^'^ ^^ '^•..^'v -j- 4. Learned Claims Tribunal having regard to the facts situation and the ^' evidence on record held that the claimant is entitled for an award of compensation of Rs.3,18,000/- under various heads, holding the appellant-lnsurance Company liable for payment ofthe aforesaid award. Hence this petition. 5. We have heard learned counsel appearing for the parties and perused the lower Court record and found that the appellant is the insurer of the scooter, driver of which, was injured due to rash and negligent driving of the tractor driver. It has come in the finding of the learned Claims Tribunal that the tractor dashed the scooter resulting in causing injuries to the scooter driver.In such a situation, the insi;' 'ance company, which is the insurer of the scooter, cannot be held Ijable to pay compensation. ' 6. In view of the above, as the tractor was not insured, the matter requires re- consideration at the end ofthe Tribunal. 7. For the reasons stated hereinabove, we allow this appeal in part, set-aside the impugned award dated 08-02-2006 and remit back the matter to the Tribunal for decision afresh. No order as to costs. 8. Needless to mention that the parties shall be allowed to amend their pleadings, adduce further evidence again in support of their pleadings and may file further documents and get the documents verified etc. Thereafter, the decision shall be made by the Tribunal on merits. 9. • \ The lower Courts record shall be sent back forthwith. 10. The parties shall appear before the Claims Tribunal concerned on 15 June, 2011. Sd/- I.M.Quddusi Judge Sd/- Manindra Mohan Shrivastava Judge Tumane