The single bench of the RAILASPUR HIGH COURT OF CHHATTISGARH dismissed an appeal filed under Section 173 of the Motor Vehicles Act, 1988, challenging an award of @ Rs. 5,350/- by the Tribunal. The court held the appeal was devoid of merits as a doctor was not examined.
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RILASPUR HIGH COURTOFCHHATTISGARH Misc AppealNo491of2005
Ramganehl Sahu aged about 3O years S/o Mannu La‘ Sahu R/o Village MadanpurPS Ratanpur Dlstt Bl‘aspur -——-Appellant !
Versus
’1 AshokKumarShrlvas aged about45 years' 5/0 Ram Nath Shrivas, R/o V Badl Kom TahsH and Distt Bllaspur (CG) Dhr va KumarJalswal aged about22 years S/o Baldau Prasad Jaiwal R/o Sh1shBaksahl TahSIl Kota Dlstt B‘Iaspur (CG) _ 2 The NewIndiainsuranceCo Ltd ThroughBranchManager Branch Offrce RajendraNagarChowk Bliaspur CG) . ———i‘;;Respor!dents
, Shr-i RavaindraAgrawaLAdvocate. ForAppeHant For RespondemNos1&2 » _, ~ None. For RespondentNo3 \ Shri SudhirAgrawal,Advocate.
$ing’leBench/V:
[Hon'ble .l Shri SanjgyAgLawal Order On‘Board
03 10 2016
accidentfora period of onemonth, thereforeasum of Rs.2,530/has bet—2n iawarded in this regard. The Tribunalhasalsoawardedasum of R§.A2,OOO/— towards mental and physical agony to the Appellant and, thus the total compeinsation of Rs.5‘350/— has been awarded. While holding as such, the Tribunalhasobserved at Paragraph—10ofitsawardthatsincethevehicle in was used in Violation of the lnsurance policy and therefore the question InsuranceCompany is entitled to beexoneratedfrom its liability and further observed that Since the vehicle in question was insured therefore it may recovertheamountfromtheownerofthevehicle after depositing the entire . amountofcompensationofRs5350/—
2 issues framed by the court
Whether to allow the appeal challenging the award dated 16.2.2005 passed by the Motor Accident Claims Tribunal in Claim Case No. 22/2004 of Bilaspur.
Whether the appellant is entitled to any revival of the matter on merits given the lack of examination of a doctor.
2 provisions across 1 enactments
Ramganehl Sahu
Ashok Kumar Shrivas
Dhrva Kumar Jalswal
The New India Insurance Co Ltd
Shri Santygag Lawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
