^ c..^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR TT" M. A. C. No. l^" '/2008. „.„ , , , , .ll¥isi@nu^ii^^ . ^/ ./• M. Appellant: g^' (Non-applicant No.^fi Respondents: y^^^--' ^^u<- Tarachand, S/o Anta Jangde, aged about 46 years, resident of village Mutpuri, Police Station Nandghat, Tahsil Bemetra, District Durg (CG) Versus Smt. Sukhni Bai, Wd/o Kejuram Yadav, aged about 29 years, Ku. Gayatri Bai, D/o Kejuram Yadav, aged about 15 years, Onkar, S/o Kejuram, Yadav aged about 13 years, Ku. Maharani, D/o Kejuram, Yadav, aged about 10 years, Ku. Rohni, D/o Kejuram Yadav, aged about 6 years, Ku. Rani, D/o Kejuram Yadav, aged about 4 years, Respondent Nos. 2 to 6 Minor. through their guardian - mother Smt. Sukhni Bai. f Smt. Poona Bai, W/o Pardesi Yadav, aged about 55 years, > Pardesi, S/o Bablu Yadav, aged about 60.years, All resident of village Mutpuri, P. S. Nandghat, Tahsil Bemetra, District Durg (CG). Suraj Satnami, S/o Nikhalu Das Driver, aged about 22 years, R/o Village Khapri, Navagarh, Distt. 10. National Insurance Company. MEMORANDUM OF MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988. 7. 8. 9. '^0»' ^^^, ,<v\ ^on-applicant No.3 /^) 9. Suraj Satnami S/o Nikhalu Das. Driver, aged about 22 years, R/o Vmage-Khapri Navagsrh District Durg(C.G.) 10. National Insurance Company. Branch Office No.l, Bhutani Complex, G.E. Road, Ware Hoyse Bhilai (C.G.) (through not menti^n^ in the order). OF AT &IVISION.BENCH: mR. M.A. (O TQrachand Vs Smt. Sukh.ni Bai dathers afT _^^,. Mr/ Sudhir Agon^Qi, Advocate for the appellant, Mr. SanjQy S Agarwai, Advocate for respondents No.l to 8. None for respondent-Surqj Satnami. Mr. Jitendra Shrivastava, Advocate appears' on behalf of Mr.UNS Deo, ndvocate for the insurance company. (1st Mareh, I.W. J; L .Heard on I,A, No.7, an Qpplical-ion fjbd on behaif of the apDelIant for Derdmission to amend iwitten sfatement fiied before the Cbjms Trjburml. 2. The appellant has fiied this QppSicQtion for asinendment in Para-4 of ^ritten statement fiJed by him before the Ciaims Trjbunal concerned bv which the appeiJant is admitting the fact of accident as mentioned in the cJaim appJicatJon, 3. Con.Sjdering the facts and circumstances of tlie case, th@ applicatson js aikwed. The appellant is periTiitted to incorporate amendnient in the i^n.itten statement before the Claims Trj.bunaj' concerned. 4/ Ssnce the apQeilGnt has Derniitted to amend Eiis iwitten statement, i^hich is reiated to fixinci of JiabjJity bclwccn owner of the vehicle-in- question and the Insurance Company only, we thsnk it necessary that the parties should get an opportunity to rebut the amended pcrt of iwitten •staternent and also to Jead fyrther evidence in sypport of their respective 5, AccordinQiv, the award" dated OZ03»2008, so far •as it reJates to IjabiJity parst, the is liereby set aside and the matter3 is remitted bock to the CJQims TnbunaJ concerned w'ith a direction to decjde oniv the ayestion of iiQbility afresh, subject to conditjon that the appeiJant herein shall depo^it entire amount Involved in the impugned award« The Cbims Tribuna! shdi provide opportunsty to the porties to adduce further evidence, if any, and abo ailow the parties to amend th@ pJeadjngs or fsb documents or verify the documents already fiJed on the auestion of iiabiiity, 6» It is mo.de ciear that amount of compensation fixed by the Claisns Tribunai shall not be interfered and the claimants shall b@ entitted to get fuil amount of compensation, as awarded, in any case. It is made clear that m the Cbims Trjbunof comes to the conclusi'on that the Insurance CompGny Js iiable to satisfy the impugned ayi/ard, in that case.it wiU be for the awner of vehicie-jn-auestion to recover the amount from rhe Insurance Lompony, Z The Parties are directed to appey before the Cbims Tribunal on 14.4,2011. The Reqistry js dsrected to transmit record of the Claims Tribunal cosicemed i¥ithoutany further deieay» i The is aibwed to the extent jndscated obove« 9» Certsfied copy as per ruJes. RashanA Sd/- LM.Quddusi Judge Sd/- Prashant Kumar Mishra Judge