Kishan Kumar Manikpuri vs Chunnilal Agrawal and Others

Satish K. Agnihotri, J.

The instant appeal arises from the order dated 23-3-2006, passed by the Ist Additional Motor Accident Claims Tribunal, Mahasamund in Claim Case No. 56/2004 rejecting the claim of the appellant on the ground that the accident occurred due to driving of the vehicle by the appellant himself in a rash and negligent manner.

The brief facts, in nustshell, are that on 21-5-2004, while the appellant Kishan Manikpur was going from Raipur to Pithaura along with passengers driving his own jeep bearing registration No. CG 04 AZ 2278, the driver of a Maruti Van bearing registration No. CG 10 ZD 0335 coming from opposite direction, driving the same in a rash and negligent manner, dashed the jeep from front, as a result of which, both the vehicles got damaged and appellant and other passengers sustained grievous injuries and driver of the Maruti Van namely Avihash Agrawal died. The appellant preferred a claim petition u/s 166 of the Motor Vehicles Act.

We have examined all the pleadings and the documents produced before the Claims Tribunal and we are of the considered opinion that the Tribunal has rejected the claim of the appellant without considering the matter from all angle particularly the site inspection report, in which it is mentioned that there was head-on collision between the vehicles and we are of the considered opinion that this case requires reconsideration afresh. If it was a case of head-on collision, as found in the spot inspection, it could not be held that there was no negligence on the part of the Maruti Van. Thus it requires examination of other materials to come to a proper conclusion.

Accordingly, the impugned order dated 23-3-2006 is set aside and the matter is remitted back to the Tribunal for disposal afresh. The Tribunal is directed to consider and decide the claim case of the appellants afresh, in accordance with law, on its own merits, as early as possible, preferably within a period of three months from the date of receipt of a copy of this order.

The parties are permitted to adduce additional evidences, if so advised.

The observations, if any, made hereinabove, shall not be construed as our opinion on merit.

The appeal is allowed to above extent. No order asto costs.

The Registry is directed to send back the papers, requisitioned from the Tribunal, forthwith.