IN THE HIGH‘COURT OF JUDICATURE AT BILASPUR (C.G.) 562/ M. A. No‘.‘ /2003 @Msim 3am ‘ APELLA‘T Afzal Ahmed Ansari.S/0.Late Mumtaz Alam Ansari. Aged about 36 years occupation busineSsman. Nehal Ahmed Ansan’. S/o. Late Mumtaz Alam Ansan Aged about 30 years occupation ,7‘ business. Kaiiia D/o. Late Mumtaz Alam Ansari. Aged about 45 years, House Wife. Jameel Ahmed Ansan S/o. Late Mumtaz Alam Ansari. Aged about 25 years occupation business. Parveen kausar. D/o. Late 5. Mumtaz Alam Ansari Aged about 38 years, occupation business. R/o all are Ambikapur, ‘ Distt. Surguja (C.G.). VERSUS I v RESPONIENTS. NoN APPLICANTS. : . f Santosh Ram Nath Kumar Sahu Aged Sahu about S/0.Shri 30 years R/o Mandipur‘ chauk Ambikapur thana Tahsil /““ Ambikapur Distt. Surguja. : 2. Muhammed Hanif S/o.Shri Ramzan Khan R/o Sitapur thana Sitapur. Present add. Narmadapur thana Kamlashwarpur Distt. Surguja (C.G.). z . fg“\ The Oriental Insurance company ltd. Office Sadar Road Ambikapur. l r' //// / eal Under Section 173 of the mo vehicle Ac 1988 Claim in appeal valued at, 16,20,000/— w \ R6 t l l l l l l l l l l l l r BNS ‘ HIGH GOURI‘OF GHHATTISGARH, BILASPUR DB: HOWBLE LM. QUDDUBI &. HON’BLE N. K. AGRAWAL, JJ MISC. APPEAL No. 566 OF 2003 I APPELLANTS Aw Ahmed Ansan' and others . I _ Vs. I lREsPanmm I lr Santosh Kumar Sahu and'othcxs APPEALWDERSECTI$N 1’13 OF THE MOTOR VEHICLES ACT, 198$ w e , ‘ APPEARANCE Mr; B.P.‘ Banjare, A‘ivocate appcam on behalf of Mm. 'Hamjda Siddigui, counsel for the appellants. ~ ‘PerKIhML QUDD‘USIHJ Mr. T. R. Chandrakar, counsel for respondent no.1. rMr. Neeraj Pradhan, coilnsel for respondent no.3. GammonM y {28.99.2010) 1. This appeal has been med by the Claimants against the. awani dated. 11.02.2003 passed by the V Addl. Motor Accident Claims Tribunal, Ambikapur (F.T.C) in Claim Case } > No. No.37] 2002 dismissing the claim case. t I 2'. i am that Iqbal Ahmad (deceased) 1s son of Alain Ansarl On 30 11 1994 when Iqbal Ahmarl had gone to attend his agncultmal works m Village Kanupmkashpur @ Luchlu, at that time Mohammad Hamid who was dnvmg Tata M1111 Bus beanng Regn No 26-C/5391 and commg - towards Narmadapur ma Ambikapur dashed Iqbal Ahmad as a result of which he died on the spot. At the tune of acoldent, the L I @ Bnef facts of the case accoxdmg to the versmn of appellants x deceased was 41 years. He was eamjng Rs.3000/- per month by doing agicultural works and business and by running a shop in village Luchki. He was also doing i comparing works in All India Radio, Ambikapur by which he was earning certain amount. Looking to the age of the deceased and his futme eaming prospects, the claimants med application claiming to the tune of Rs.16,20,000/- as compensation. y v yl‘he 'I‘Iibunal concerned has inter-aha held that. it is not proved by the claimants that the deceased has died in the accident ,met‘with by Mim' Bus bearing Regn.No. M.P.26~ C(5391 on 30.11.1994 which was being driven by respondent no.2 rashly and negh'géntly. However, a perusal ’ of the wxitten statement of the Driver Hamid shows That‘he " had admit‘tsd in Pala 4 that the accident had taken place in which the vehicle beating ‘Regn. No. M.P. 26-C/5391, which he was driving speedily, was involved, and this fact has been mentioned in Para 4 of the impugned awaxd‘by the ’I‘rdmnal. Further the Tribunal has also recorded its dnding vide para 10 the impugned awani that it is an admitted‘fact hem the ¥ statement of Witnesses that on 30.11.1994 deceased Iqbal l died in the motor accident. Non-applicant no.2] Driver has further stated in Para 4 of his wiritten statement that in case he would have stopped his E vehicle at the place of accident, the villagers or the relatives of the deceased would have ln‘lled him therefore he drove away the vehicle in order to save his life as well as. other passengers. ‘ In View of’the above mentioned facts and circumstances, we axe of the opinion that the finding given on the issues are pelvexse and beyond the pleadings and statements of the ' witnesses.- Therefore, the matter requires mconsidemtion at the end of the Tribunal concerned. In View of the above, we allow this appeal in part; set aside the impugned award and remit the matter back to the Tribunal concerned. ,The claim petition shall be restored to ‘ - its orig‘nal number and the parties shall be provided an dpportunity to adduce evidence and thereaiter the matter shall be decided anesh independently without being indnen'ced by the nudings given in the impugled award which‘has been set aside by us. Needless to ‘mention that the matter shall be concluded by the Tribunal concerned as early'as possible preferably within a period of 4 months nom the date of appearance of the parties. The parties shall appear before the 'I‘rdannal on 20th of October, 2010. The records of the Tribunal shall be sent back forthwith. _ I Sdl- ‘x NI K. Agatwa 1M. QUDDUSI 1. Judge Judge Sdl- \ ‘