"^ k t ^•' ^^ ^.^ C.P--' IN THE HIGH COURT QF JUDICATUREAT BILASPUR ^ CHHATHSGARH M.A.rCTNO.5^0 12007 APPELLANTS: ^(Insurer) 1. The Oriental Insurance Company limited, through Divisional manager Oriental insurance Company limited Ambedkar chowk, Manendragarh Ambikapur Road, Sarguja C.G. VERSUS ^RESPONDENTS: ^l,. Smt. Anupa wife of Late Shri Sunil Munda aged 24 years Ku. Rajmani D/o Late Shri Sunil Munda aged 9 years .^? ^CKi ,:-^(U" : ^' -^ ^ Raja Babu S/o Late Shri Sunil ^ Munda aged 7 years 4. Ku. Kajal D/o Late Shri Sunil Munda aged 3 years 5, Ku. laxmi D/o Late Shri Sunil / y\ Munda aged 1 years Respondent No. 2 to 5 through its natural guardian mother respondent no.l Jo.<, Ramprasad S/o Late Shri Ghashi Ram aged 50 years Z.(Smt. Shanmati W/o Rantprasad ^ ^ aged 45 years ^ v\ V Drvier Owner 8,^ Arun soni S/o Shyamlal Soni aged ^ff( 29 years 9,^ Ramkumar @ Shambhunath S/o Pawan Gond aged 30 year All respondents R/o Village Buda Bagicha Rajpur P.S. Rajpur Distt. Sarguja (C.G.) APPEAL U/SW173 OF THE MOTOR VEHICLES ACT, 1988 AGAINST THE AWARD/ORDER DATED 24/02/2007 PASSED IN CLAIM CASE N0:6/2006 BY THE FIRST ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL, SARGUJA, AMBICAPUR (C.G.l (BENCH PRESIDED OVER BY SHRI T.R.CHURENDRA) tffS^ iM ^-:-.-':"€?!^. ' *8 -I ^s£^J ...v^^ !- £S^ '^ HIGH COURT OP CHHATTISGARH, BILASPUR DB: Hon'ble I. M. QUDDU8I fis Hon*ble GHULAM MINHAJUDDIN, JJ M.AtCl No. 910/200^ APPBLLANT: The Oriental Insiiraace Coinpaay Limited Vs. RESPONDENTS: . Smt. Anupa and ofhers MISC. APPBAL UNDBR 8BCTION 173 OF THB MOTOR VBHICLES ACT. 1988 Appearance: Mr. Abhishek Sinha, counsel for ttie appeUaat. Mr. Sushil Dubey, counsel for respondents 1 to 7, Per I.M. OUDDUSI, J. ORAL ORDER (19.07.2011) This appeal has been filed by fhe Insuraace Comipaay against fhe impugned award dated 24.02.2007 passed by fhe Additional Motor Accident Clamis Tribunal, Ainbikapur, Distt. Saiguja (C.G) ia Claim Case No.6/2006. •l. Brieffacts ofthe case as per fhe version offhe claimants are that on 09.09.2005 at about 2.00 a.m. rcspondent no.9 Ramkumiar @ Shanibhiuiath who was driviag fhe Track bearmg Regn.No.C,G.15-A/2909 crushed fhe deceased Suml Munda, as a result of which, he died on fhe spot, At the time of accident, fhe deceased was aged about 26 years. He was a Mechanic as also Agricultural labourer and was earaiag Rs,9000/- per niontihL, The claunants being legal representatiyes have filed claiin petition u/ s 166 of fhe Motor Vehicles Act for fhe award of a total coiapensatiQn of Rs.41,80,000/- on various heads. The Claiias Tribiinal after considering fhe issues fraoied by it psurtially allowed fhe claioi appUcation of fhe claunaats, ^-.%;•..:.-./,-^;^^- ^l awarded a suni of Rs,7,10,600/- as coinpensation which flie claunaats are entitled to receive froia fhe appellaat as weU as respondents 8 & 9. 4. We have heard leamed counsel for fhe parties aad have also perused fhe records of fhe Tribunal. S. The Claims Tribunal has frained fhe issue fhat respondent no.3 Ramkumar @ Shambhu who was drivmg his Truck bearing Regn.No.C.G.15-A/2909 cmshed Smiil Kumar Munda aiid caused his deafh, However, fhe learaed Clafcms Tribunal has not fraraed aay issue regardiag rash aad negUgent drivmg. The question ofjunsdiction has also been raised before fhis Court. But siace fhe finding wifh regard to rash and negUgent driviag has not been given, we are of tfae opiaion ftiat fhe inatter be rcniitted back to fhe Tribunal. 6. Therefore, we aUow fhis appeal m part aad remit the matter back to fhe Tribunal for decision atesh. It will be open for fhe appellant to raise fhe question of jurisdiction before the Tribunal. The Tribiiaal shall also consider fhe question as to whefher it is an. accidental deafh for ftie purpose of awarding coinpensatlon. 7. Needless to mention that fhe parties shall be allowed to amend fhe pleadiags, adduce further evidence, file fhe documents or get the documents verified etc,, and thereafter fhe decision shaU be taken afi^sh at fhe earliest The records of fhe Tribunal shall be sent back without farfher delay. The pardes shall appear before tiie Tribunal on 16th Aueust. 2011. Sd/- Sd/- G-Minhajuddin I.M.Quddusi J»d§e Judge I Rao ^