^ OivisionBench BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. N0. <TO^ OF 2005. APPELLANT N-APPLICANT N0. 3 ^ ^; RESPONDENTS United India Insurance Company Limited, Rajendra Nagar Chowk, Bilaspur (C.G.). VERSUS :-^1. Ramkunwar Bai, widow of Shatmghanlal Mehar, aged about 33 years, 2. Pramod Kumar, son of Shatrughanlal Mehar, aged about 16 years, 3. Dinesh Kmnar, son of Shatmghanlal ^' ,^® :y^\a.^ ^^w /.AT ^ <?7, /^'y /^/ Mehar, aged about 14 years, 4^ Titribai, widow of Rama Mehar, aged about 59 years, Respondent no. 1 to 3 minor through their / ,^ / natural guardian mother Ramkunwar Bai, widow of Shatmghanlal, All resident of Kharripara, Mungeli, District Bilaspur (Chhattisgarh), CLAIMANTS. 5. Jaikumar, son ofBanshilal, aged about 46 years, Occupation Driver of Metador no. C.G. 10-A/0824, resident of Village Bandhwa, P.S. Lalpur, Tahsil Lormi, District Bilaspur (Chhattisgarh), 6. Vijendra Kumar, son of Thakurram Ghosle, aged about 36 years, Owner of the vehicle Metador no. C.G. 10-A/0824, resident ofDandgaon, P.S. Pathariya, Contd...2.. ^' • ? • -. • A • - Tahsil Mungeli, District Bilaspur (Chhattisgarh), NON-APPLICANT N0.1 AND 2. .^ APPEAL UNDER SECTION l73 OF MOTOR VEHICLE ACT 1988. (Claim in appeal valued at Rs. ^,19,000/-) 'y^ r-j^K-; ^^Y::-^;r^'s@:^ir HIGH COURT OF CHHATTISGARH : BILASPUR (( ^ o M. A.No. 902 of 2005 Appellant United India Insurance Company Limited Versus Respondents Ramkunwar Bai & others MISC.APPEAL UNDERSECTION 173 OFTHE MOTOR VEHICLES ACT. 1973 DB: Hon'ble Shri I. M. Quddusi §5 Hon'ble Shri Prashant Kumar Mishra, JJ -<^. Shri H. B. Agarwal, Senior Advpcate with Shri Pankaj Agarwal, Advocate for the appellant. Ms Sofia Khan, Advocate for the respondents No. 1 to 4; -? ORDBRfOralV ( Passed on this 15U1 day of March, 2011 ) Per I. M. Quddusi J. The instant appeal, filed by the appellant Insurance Company, arises from the award dated 29th June, 2005, passed by the Second AdditoinalMotor Accident Claims Tribunal (FTC), Mungeli, District - Bilaspur, awarding a sum of Rs. 6,19,000/- alongwith interest at the rate of 9% per annum to the claimants. The facts, in brief, are that deceased Shatruhanlal Meher was working as Helper in the offending vehiele Metadoor, bearing registration No. C.G. 10-A/0824 on 13.5.2004 i.e. the date of accident. On 13.5.2004 at about 9.30 a.m. near Chandargadhi turn at Patharia due to rash and negligent driving of non-applicant No. 1 the vehicle tumed turtte and deceased came under the vehicle, resulting in his death. ^. ^v' "^" •/r •'^ 8. The raatter was reported to the Police Station Patharia where the offence against the non-applicant No. 1 was registered under Sections 279, 337 and 304- A of the Indian Penal Code. The claimants being legal heirs of the deceased filed an application under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 24,5Q,000/-. We have heard leamed counsel appearing for the parties and perused the record, Learned_counsel appearing for the respondents No. 1 to 4/claimants submits that no permission under Section 170 of the Act, 1988 was granted to the appellant. Learned counsel appearing for the appellant does not dispute the above submission made by learned counsel appearing for the respondents No.l to 4/claimants. However, he submits that the deceased was not working as helper in the vehicle and except that no other contention has been urged by learned counsel. It has come in evidence that on the date of accident the vehicle was insured as goods vehicle. Indisputably, it has come in evidence that the deceased was working as Helper on the vehicle and on the date of incident the deceased was sitting in the vehicle as a Helper. According to the schedule of premium Rs. 150/- was paid for covering the legal liability of 6 employees. 9. In view of the above discussion^we do not find any force in the contentions raised on behalf of the appellant. Accordingly, the appeal deserves to be and is hereby dismissed. No order as to cpsts. |l.M. Quddusi Judge Sd^-( PrashantKumarMlshra Judge Thakyr \...^:- ^^M^^S!^^B^^^.MM^,