_I_N THE G CT CHEATTISGARH AT EILASPuéx’ APEELLANT (NON APPLICANT N0.3 IN «HE COURT BELOW) National Insurance Cmmgaany, Threugh its Branch Manager, B.L. BiSWal s/o H.R. Biswal, Aged about 37 years, . Branch Office: 1 Taha Complex, lst Floor, ?riyadarshin‘i Nagar, ‘Bilaspur (CG) , i VERSUS 1)Smt. “iati Bai w/o Ramdev Ram, Aged about 51 years; 2)Manir Ram S/o Late Ramc‘iev Ram, Aged about 34 years; i‘ ‘r 3E s pONDENT s 1 - * 3)Dinesh S/o Late Ramoiev Ram, Aged about 32 years; 1 H., Wm, A ,¢ gec‘i about years,- A R 4) Indrajit S/o Bate Ramdev Ram, 1 3o 5)Sanjiv s/o Late Ramc’tev am Aged about 28 years;- All agriculturist and resident of Eattehpur, P. 8.:Jay Nagar. Tehsil Ambikagur,Distt.Sarguja. Resgondent l to 5 are Ayplicants in thr court below. Ty 6)Dinesh S/o shobhit, L Agec‘i about 22 year 0ccu’pation:'Driver, R/o Fattehpur, PS Jay Nagar, Tehsil:Ambikapur,Di‘stt. Sarguja . . . . . . Non—agglicant No.1 in the court below. 7)shobhit S/o Sukhram, Aged. about 50 years, OccupatiomAgricultu rist R/o Fattehgur,:5s;Jay Nagar, Tehsil: Ambikapur,Distt.sarguja. Non—applicant No.2 {a the court below. v V l l l l l MISCELLANEIOUS APPEAL UNI‘JER SECTION 173 OF THE P’TOR VEHICLE i ' A c T . Mfr“ i ._ ' V . f5“ / Claim 1n auteal valued at Rs 50,000/f . Court l :ee ,7 aztlxed ,7... . Fa 15/- » l r i x I i v HIH OUR OF " T ' ‘ ’ ‘ l v WWW m IA $§4/% mm ' Hi 200 »mm(m) I MWW ‘ WW§§W§W mmm 23 8 2002 ‘ Appellant by Shn P I: The appeal ls heard m The appellant—Insura I against the award dated 4 ’ .Qlaims‘Tribunal, Sa11guja (i whereby 1eamed Tribunal ‘ Company and lowner to pay 1 awakar, Advocate. IaHY- _ nce Company has tiled this appeal 3.2002 passed by the Motor Accident mbikapur) in Claim Case No. 66/2001 has directed the appellant—Insurance Rs 5O 000/ towards no fault hablhty h Jomtly or severally The defence of the Ins question was not insured had issued the cover note w g was suspended onf2.12.19‘ Withdrawn from him to issu ipremium. Learned Claims l had occurred on 9.3.2000 person has died The cover ote shows that the vehicle was insured for 29 2 2000 to 28 2 2001 Learned Tribunal aft r cons1der1ng all the aspects of th l matter allowed the apphcatl n filed under Section 140 of the Motor Vehicles Act 1988 and direc ed the Insurance Company and owner to pay award of Rs 50 000 — towards no fault hability Jointly or t \\severally i within a period of one ,mont urance Company 1s thatthe vehicle in and that the Development Officer Who as not authorized to do the same as he 99 and prior to that the powers were = any cover note or to accept insurance Tribunal has found that the acc1dent’ ecause of motor vehicle 1n which the @RPR‘ ;\ 1 \ . 1 x)(—50,ooo. . \ \ e \ \ « ’ m XLHQ— r Wmw,m,m ¥ ) Wm mzoo mm (Wu) “1/ W amr” Learned Counsel for the appellant submits that the Insurance ' ' Company has already depos1ted Rs 25 000/— r Havmg cons1dered the lacts and cucumstances and the ‘ matenal avaJlable on record 111 amterference m the fmdmgs n corded by the Claims Tribunal is i made out The appellant mz -' am' unt so depos1ted may b permitted to be withdrawn on furmshmg secunty The ow ‘ bond for a sum of Rs 5O 000/ Before partlng w1th the order th1s " Court make 1t clear that 1 WWt‘fWW % a'faq m m Erik: am Tnbunal shall dec1de the clann case on 1ts own ments W1thout rejudlce to any of the observatlons WNW“WMMMW9MMWA.2. .~ he opinion of this Court no case for eposit the remaining amount. The 'is directed to furnish indemnity ith the above observati s thls appeal 1s disposed of finally ertified copy, as per Rul WW amm ag, n e ’ “ a d ‘W C s