1 CGHC010056232021 2026:CGHC:32235 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 131 of 2021 Kush Sharma S/o Ramji Sharma Aged About 26 Years R/o Qtr No. B- 1/93, Urja Nagar, Gevra Pariyojana Police Station Deepka, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh ... Appellant versus 1 - Arvind Das S/o Late Gyan Das Aged About 28 Years R/o Village Chhuri Khurd, Police Station And Tahsil Katghora, District Korba Chhattisgarh 2 - Amir Das S/o Late Kanwal Das Aged About 52 Years R/o House No. 26, Village Dhurena, Police Station Deepka, Tahsil Katghora, District Korba Chhattisgarh., District : Korba, Chhattisgarh 3 - The Oriental Insurance Company Limited Through Branch Manager, The Oriental Insurance Company Limited , Branch Office T.P. Nagar Korba, Tahsil And District Korba Chhattisgarh ---- Respondents For Appellant : Mr. Pravin K. Dhurandhar, Advocate For Respondent No.2 : Mr. Govind Prasad Dewangan, Advocate For Respondent No.3 : Mr. Pravin Kumar Tulsyan, Advocate SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.29 11:37:35 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Order on Board (28.07.2026) 1. This appeal has been preferred by the claimant against the award dated 08.01.2021 passed by the learned 1st Additional Motor Accident Claims Tribunal, Katghora, District Korba (C.G.) in M.A.C.T. Case No.150/2018, whereby the claim application was dismissed on the ground that the repair bill of Rs.1,35,601/-, the mechanic was not examined, and in Ex.P-14 & Ex.P-15 there was no signature of the authorized signatory. 2. Learned counsel for the appellant/claimant submits that the impugned award dated 08.01.2021 passed by the learned Tribunal is illegal, arbitrary and not sustainable in the eyes of law. He submits that the Tribunal has dismissed the claim application without providing sufficient opportunity to the claimant to prove his case by leading relevant evidence. It is therefore prayed that the impugned award be set aside and the matter be remanded back to the learned Tribunal for deciding the claim application afresh after giving due opportunity to the appellant/claimant to lead additional evidence, including examination of the mechanic and proof of documents Ex.P-14 & Ex.P-15. 3. Learned counsel for Respondent No.2 & 3 submits that the impugned award is just and proper and requires no interference. 4. Heard learned counsel for the parties and perused the record. 5. The Tribunal has dismissed the claim mainly on the ground of non-proof of documents Ex.P14 & P15 and non- 3 examination of mechanic. In the interest of justice, the claimant deserves one more opportunity to lead evidence. 6. Accordingly, the impugned award dated 08.01.2021 is hereby set aside. The matter is remanded back to the learned Tribunal to decide the claim application afresh. 7. The Tribunal shall give opportunity of hearing to both parties and allow them to adduce additional evidence. 8. The Tribunal is directed to decide the matter afresh within a period of 04 months from 17.08.2026. 9. Parties are directed to appear before the Tribunal on 17.08.2026. 10. The appeal stands disposed of. 11. Registry is directed to send back the records of the Tribunal forthwith along with a copy of this order. Sd/- (Sanjay Kumar Jaiswal) Judge Shubham