LAWS(CHH)-2006-7-35

DULARI BAI Vs. KANHAYALAL KASHYAP

Decided On July 06, 2006
DULARI BAI Appellant
V/S
Kanhayalal Kashyap Respondents

JUDGEMENT

(1.) THIS is an appeal filed by the climate against the award dated 12.12.1994 passed in MACC No. 53/89 by IIIrd Additional Motor Accidents Claims Tribunal, Raipur. By the impugned award, the Tribunal has rejected the Claim of the Claimant holding that the claimant could not establish that the accident was caused due to rash and negligent driving of the driver of the tractor namely Krishna Gond. The Tribunal dismissed the claim after framing the issues and after recording the evidence of parties. This was decided vide issue No.1 and since issue No.1 is decided in the above manner, the other issues regarding quantum etc. were not decided. Learned counsel for the appellant argues that PW-2 namely Balla has been examined by the claimant on the point of accident. He submits that in his statement it comes that the accident took place due to rash and negligent driving of the tractor and the tribunal has taken a contrary view which cannot be sustained. On the contrary, learned counsel for the respondents supports the view taken by the Tribunal. I have gone through the evidence of PW-2. PW-2 namely Balla has stated that when the tractor was being stopped for the purpose of drinking water, Hira Singh - deceased fell down due to jerk and got injury from the wheel of the tractor. This clearly supports the pleadings raised by the claimant. It appears that when other persons were boarding the tractor and the deceased was also stopping the tractor (either for boarding or for getting down) he fell down due to jerk and received injuries. On this statement, it is clear that the accident took place due to rash and negligent driving by the driver of the tractor due to which the deceased fell down and received injuries. In the opinion of this Court, the findings recorded by the Tribunal against issue No.1 can not be sustained and the same is set aside. It is held that this accident took place due the rash and negligent driving by the driver of the tractor and the issue No. 1 is replied as "yes" accordingly. Since the other issues pertaining to quantum etc. have not been decided by the Tribunal, I deem it proper to remand the matter back for passing order in relation to issues No. 2 & 3. In the result, the impugned award is set aside. Issue No. 1 is decided as above. The Tribunal shall record findings on issue No. 2 & 3 only after giving due opportunities to adduce fresh evidence to both the parties and thereafter a fresh award shall be passed by the Tribunal. The Registry is directed to return back the records immediately and the parties are directed to appear before the Tribunal On 1st of August, 2006. Since the matter is an old matter in which accident took place in the year 1986. The Tribunal shall try to dispose of the same at the earliest. Case Remanded.