3^ST '<ll<ll<rtA|, 8itf1t<'l<S, Rl<?il«y NWdl *Nlcb" z^ 3H^?T 103; (Tpf^g^I; sii^i.^1 ft'rigT 'iPIT 3VKXI shW* <q)I^I<vt41T1 •HT^Cl)' ^f f^lc^ •(^{^K i?3tRf!T3II^T HIGH COURT OF CHHATTISGARH AT BILASPUR MISC.APPE APPELLANT Non-claunant No. 1 RESPONDENTS CIaiaiaats ^L NQ. 887/2005 pajuTiwari, S/o. Lakhaa Prasad fiwari, age 38 ycars, R/o. Village |<ayapara, Balod, Distt. Durg (C.G.) &RSUS 1. ^Jalil Khari S/o. Samful Khaa, paste-Musalman, age 70 years, 2. ; RESPONDENT 3. Non-Claimant No.2 Present: Shriva^tava Mr. Rajeev the appeUaat. Ms. Chitra 3/Insuraace Coinijaay Shrivasttava Mlauddin S/o, JaUl Khaa, I;aste-Musalman, age 22 years. JU1 are resident village Saajaynagar, palod, TahsU-Balod, Distt. Dui^ JC.G.) pranch Manager, The Oriental [nsuTance Coinpany Limited, praach-Power House, Bhilai, Distt. (3urg (C.G.) with Mr. I.S. Sahu, counsel for , counsel for fhe respondent No. DER (02nd iMay 2007t Dhirendra Mishra, J The appellaut, owner ofj the vehicle No. C.G.07/C 0/1471, has preferred fhis appeal agau|ist fh.e award dated 30th April 2005 passed in claiins case No. 57J Claims Tribunal, Balod whprel 12004 bv Additional Motor Accident \>y the leamed claims Tribunal has GRPRJ— FS/246—2/2007 — 50.UOO. ^ess •<)i<ii<rt<<, »Tfl<H'i6, Kic?i>l'y^< 2^ . <m-^. %•% ? ^nwir ^wra?""""""""" sn^i.wl^'iiy WTSIRW'aiWF WI, 200^ an^yr w^ (T^S^^SI) 'ewRiT^ito sii^i 2- 00(|)/ awarded a sum of Rs.1,00,00 No. 1 and 2 for fhe death of Sfimaniya Beguia, who died uivblvuig inatador belonging tc - as coinpensation to lespondents E|raughter of respondent No. 1 nainely on 28.3.2004 in a road accident the appeUan.t, Leamed Tribuiial No.S/iasuTer of fhe vehicle 01 driven in breach of iiisuTaace Leamed counsel for fhi finding of learaed Tribunat inipugned award that vehicl breach of uisurance poUcy avaUable on record since fhe tiiae with respondent No.3, fastened upon respondent No. On the ofher haad, Ms,| appearing on behalf of re^ subinits fhat leamed Tribunj appeUant tiimself has reachef was registered as a public g( only one plus two, was canyu(.g of iasurance policy condition^ Tribuaal has exonerated fh.e| the award, which caniiot be f4ulted chl<l[(rl^1 iTR^tf 'if 1;^i' <^i^.l< ^aiRiHsn^i h^s exonerated fhe respoudent fhe ground that vehicle was beiag bolicy conditions. appellant subuiits that the above |recorded iu paragraph 11 of fhe in question was beiag driven ia co^iditions, is contrary to the evidence Ivehicle was insured at fhe relevant the Uabitity ought to have been P/iasurer. Chitra Shrivastava, leamed counsel .pondent No.S/msurauce compaay il on the basis of admission of fhe 1 flie conclusion that vehicle which »ds camer haviug fhe capacity for g passengers in tlie vehicle in breach aad considermg this admission, the iasuTance coinpany froia satisfyiag GRPRJ— FS/246—2/2007 -r-_50.U_Ua. •sn^i.w l<-fi«fi wn sii^r sb*ii<b 'SS^ •<<l^lrt'i|, 8>Tfl'(H'l<o, (sl^Kiy . /-D- ^- %%> ^ *11Ndl *^11<*' <z7 sn^r IRR; (iyf^«<t{»r ^aw^ifeiaii^i 3 qni*i?^i1i TTTIRff Tf fs't3t •(.FTi^K '^si^n 3i^i R I have heard leamed cc have gone fhrough fhe imgi available on record. Froiu perusal of fhe sta' seeii fliat he has adnutted 1 goods canyuig vehicle by R.T.i the vehicle and he was awai sittiag on the back side of Dongargarh for Devi Darsha adiaitted that he recognizes occupyiag fhe vehicle at the occurred wlule tliey were tune 25-30 passengers were si junsel for fhe respecti.ve parties aud 4gned award as also fh.e evidence tem.ent on oath of the appeUaat, it is piat vehicle was registered as Ught p. Durg, he is the registcred owner of |-e of fhe fact ftiat passengers were fhe vehicle and he was going to ^ with those passengers. He also thTee-four passengers who were tiine of accideut aad the accident reti^nung IromL Dongargarh and at that jttuig in. fhe vehicle. Therefore, froui fhe ab^ other documentaiy and oral e^ that the vehicle was register^i coiumercial purposes and th^: and two ofhers to travel by accident fhe same was beias conditions. we admission of fhe appeUant aad ^idence on record, it is not in. dispute d as light goods cariyuig vehicle for poUcy conditions atlows the driver that vehicle whereas at fhe tune of used ia breach of iD.surance policy In the result, fhe appe^l to be disinissed aad is accordin being devoid of substance is liable gly, disinissed. L£3.;=L^-(=—^ l/>f\f\f