)Kiit« IN THE HIGH COURT OF CHMATTISGARH AT BILASPUR fCGI M.A.NO. /5C7 /20Q4 * _ " T.v "nirt*, U-. .APPELLANT 'v^^ ^wn s^nss ^'Mohd Idrish, son of Late Abdul Gani, aged about 60 years, caste-Musalman, resident of village Jarhi, P.S. Pratappur, Post Bhatgaon, Distt. Surguja (Chhattisgarh) VERSUS ^',/.RESPONDENTS \ c^-^ »0L.>"0^-y .y-*'*~ ^\^-L<°\T-5:':"'-..,--"^ 2. '...4""'t^ '~ ...^. sfr' ^--^ '^••""r^ Shashi Mohan Yadav, son of Shri Ramashankar Yadav, aged about 42 years, occupation business, resident of F-12/96, Chouka Ghaat, Varanasi (UP) Mangla Pandey, aged about 28 years, son of Ram murti Pandey, occupation - Driver, Resident of village Gaurdeeh, P.S. ChoUbepur, Distt. Varanasi (UP) 3. United India Insurance Company / Limited, through - Branch Manager,United India Insurance Company Limited, Branch Office - Mesaha, Distt. Varanasi (U.P.) ^ 4. National Insurance Company Limited, through - Branch Manager, National Insurance Company Limited, Mobin Mahal Raipur, Chhattisgarh. MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 Ara-Aspui w^9 APPELLANT I^M-tB. No. 13S3 OF 2004 iLft-^'-;-*.^ I"»E'?K ;V;yi;':U t^i fSs Vac ^^.ST^: 'SuS^ 'i -•S 1 ? :3s'si ^ °TSS •T?ii .S ^Jf^? ; ? •<> ^,^= ihashi i»*o! IV Yadav and othe' fi 1!U ^.^ ^^. iw 'i . 'i^' iPB: Hon'bisShri LM.Quddusl a Hon'ble Shri N.K.Agarwai. J.JJ Presant : ShriA.N. Pandey, counse! forthe appeiiant. Shri H.B. Agrswal, Senior Advocate with Ms, Pragya Singh, counse! for respondents No. 3. Shri B.N. Nande, counssi for respondent No.4. OR^-L " day of Octoi i^Fsl ^; 10 Per I.M. Qyddysi. J. The instant appeai has been prefsrred by appe'Jantteiaimant agalnst the impugned award dated 20-09 passsa' bv Second Additional Motor Accident Ciaims Tri) Suraiour, District Surauja ffor short 'the Tribunal') in ciaim No.96/2002, for comDensation of damaass caused to the beanng registration No. M.P. 23-D/S4S2 to which he is the o vi/hich collided v/ith another Truck bearing registratlon No. H/8347. The claim was dismissed on the ground that She cl; does not belona to the State of Chhatt«sgarh. ins -2004 case ,.). wne'. 65- :imarit 2. Brisf facts of the case are that on 10-11-2001 , a collision took place betv/eer! the Truck bearing registration No. W 23 D/6462 and the Truck bearina resisti'ation No. UP 65-H/9347 and ihe accident had taken piace due to rash and negligent dr'ving of the driver of Truck bea'ins reflistration No. UP 65 H/9347 as a rssult of whlch Mohd. Yunus (since dsceased) succumbed to the injuries sustained in the aacident. 3. The claimant i.e. ov/ner of the Truck No. MP 23-D,'S462 has preferreG a c!alm petition before the Tribunal concerned under Section 166 ofthe Motor Vehides Act. claiminfl compensation of Rs.5,05,OOQ;- .,.> 'J^SK-'-'^. ',.-// z for the darriages caused to the Truck bearing registration No. MP 23- D/64S2. in the said accident. 4. The 'earned Tribunai concerned on appreciation of the evidence, material placed and submissions made by the pasties, dismissed the ciaim petltion on the ground that the appeHant does i-sot beiong to the State of Chhattissarh. 5. Ws hsve perused the record of ths lower Court. In the registration csrtfficate of the vehic'e of ihs appelJant'Mohd, Idrish, made by the erstwhiie State of Madhya Pradesh on 04-01-1995, his permanent and tsmporary addresses have been given as under: Permanent Address: iwor S/o Shri Abdul Gani, Bazar Road, Tikrapara; Raipur (C.G.)" TsmDorap/ Address Jarhi Mode, Shatgaon, District Surgujs. Ti The sea! of the registering authority is Additlonal R-T.O., Ambikupy, District Surguja (Chhattisgsrh) dated 27-08-2001. As the State of Madhya Pradesh was re-organised on 1-11-2000 and accoi-ding to address given in the registration certificate, the piace of regisfc'atio" has come within the State of Chhattisgarh, it cannot &s said that ths appe'tent does nof beiong'to the StaSe of Chhattisgarh. Therefore, we sre a? the opinio" that the matter requires declsion on merits whlch has not been done. S. !n the result, the appea! Is allowed in part hoid'ni thai th8 appe!!ant;c!aimant is resident of Stats of Chhattisgarh and the learnsd Tribunai, Surajpur has jurisdiction over the matter, as the address glven by the appellant/claimant as Jarhi, P.S. Pratappur, District Surguja (C.G.). The matfer is remitted back to the Tribunal concerned to decide the same on merits wlth a direct'on to restore the ciaim petltion to its originai nurr'ber. Ths Tribunai shaii aiso aliow the partles concerned to adriuce the ftiEther evidencs, jf any, if ihey so desire and decide the ciaim petition at the ^eansesi^ _^7 Sd/- I.M.Quddusi Judge Sd/- . N.K. Agrawaj Judge S'!^^5r? iste^ 't^SS:,