MANOJ KUMAR PANDEY Vs. PUSHPA DEVI

JUDGEMENT

(1.) Heard.

(2.) The injured-claimant has filed this miscellaneous appeal against the award dated 7-3-2011 passed' by the learned Motor Accident Claims Tribunal, Surguja, Ambikapur (for short 'the Claims Tribunal') in Claim Case No. 126/03.

(3.) Facts of the case, in brief, are that on 24-7-2003 the appellant was returning to Ambikapur from Raipur by driving the vehicle bearing registration number CG 015-2610. When he reached near Dharsiva Highway, steering of the said vehicle got jammed due to which he lost control over the said vehicle and it collided with the truck bearing registration No. MP 23-B-3721, which was parked on the road side and was not visible. In the said accident, the appellant has suffered permanent disability and, therefore, he has filed a claim application before the Claims Tribunal seeking compensation and the same was dismissed by the Claims Tribunal, vide award dated 3-9-2004. Being aggrieved by the award dated 3-9-2004, the appellant has preferred an appeal before this Court bearing M.A. No. 1055/04 and the same was partly allowed by this Court vide oral order dated 21-10-2010 and the matter has been remitted back to the Claims Tribunal with certain observations and directions for deciding the claim application afresh. The Claims Tribunal vide impugned award has again dismissed the claim application of the appellant on the ground that the claim application under Section 163-A of the Act, 1988 is not maintainable and directed the appellant to approach the Commissioner under the Workmen's Compensation Act, 1923.