ff:w ?- -B ° ;r P^. ^^ [^ fi yj¥s8sys sn"l IN THE HON'BLE HIGH COURT OF CHHAn-ISGARH ATBILASPUR M.A.(C)No.- ^\3 72011 APJ^LLANT ^' :- ^RANCH MANAGER THE ORIENTAL ' /^ INSURANCE COMPANY LIMITED, BRANCH DHAMTARI OFFICE, INFRONT OF AADARSH BAL MANDIR, MAIN ROAD DHAMfARI DISTRICT - SARGUJA (C.G.) Vrs. DENTS/CLAIMANTS SMT. GEETA KASHYAP W/0 LATE SHRI ASHOK KASHYAP, AGE 48 YRS., OCCUPATION HOUSE WORK, RESIDENT MOHALLA BRAMHROAD, THANA & TEHSIL AMBIKAPUR DISTRICT- SARGUJA C.G. R-ESPONDENTS/NON-APPLICANTS:- > .s RAJENDRA SETHI S/0 K.M. SETHI, AGE 40 YEARS, OCCUPATION VEHICLE OWNER, PRO. WESTERN CARRERS, G.E. ROAD, MOHALLA TATIBANDH NAGAR RAIPUR (C.G.). 3. SONAU RAM SAHU S/0 RAS RAM SAHU, AGE 45 YEARS, CASTE TELI, OCCUPATION VEHICLE DRIVER, RESIDENT VILLAGE RATAKHAR, THANA - CITY KOTWALI KORBA, DIgTRICT KORBA,C.G.. APPEAL UNDER SECTION 173 OF MOTOR VEHICLEACT 1988 Ig HIGH GOURT OF CHHATTISQARH AT BHASPUR M.A. (Ci N0. 413 OF 2011 APPBLLANT RESPONDENTS Braiich Manager, Qriental Insurance Compan3r Limtted. Versus Geeta Kashyap and otfaei^. APPEAI. UKDER SECTION 173 OF THB MOTOR \rs9 ¥£tfAA^*A^£< E8 D.B.: Hon'ble Shri I.M. Ouddusi & Hoa'ble Shri G. Miahaiuddto. JJ. Preseats Sfari Sudhir Agrawal, coi-msel for the appeUant. NOIT.C for tlie r^pondents. ORAL ORDER (Passed oa 12th day of Septeaaber, 2011} Per I.M. Ouddusl List is belng revised. The case is cdledout twice. No one is preseut on behalf of fhe respondents No. 1 & 2. Thejpefore, we proceed ex-pai-te against them. 2. Thls appeal has been filed by tiie appellant/Oriental Insui'aiice Company Limited agaiiist flie impugiied awsuxl dated 15-11-2010 passed by the Third Additional Motor Accident Claims Tribi-inal, F.T.C. Surguja (Ambikapur) (for short tl-ie Claims Tribunal^ in Claim Case No.31/2006, in so far as it relates to Tastenii^ fhe Uability to pay compensaUon to the claimai'it. ^-s-'-' 3. Brief facts of tl-ie case ane (hat non-applicant No. 1 was the owner, non-applicaiit No. 2 was the driver aiid appellaiit piereint) was tlie insurer of tlie affeiidmg vehicle. On 01-01-2006 at 14-30 houi-s, deceased Abliishek Kashyap was retm'iiii^ from VIUage Kandai to Ambikapur on Gypsy bearing registration No. H.R. 26-0/6966. Neai' Baiigo Mam'ega Range Of&ce, the deceased was dashed b^ 9V i^is^aBliW**" -"l-it * s • '<'«. i saga^ g vsi 5? the offenduig vel-iicle Truck bearu^ registration No. C.G. 04/6070 beiiig driving by non-applicant No. 2, iii a 1'ash and negllgent maiiner as a result of wMch Abhlshelt Kashyap sustained grievous mjuries aiid succumbed to the uijiirles. At the tune ofaccldent, th&deceased was workhig in a local shop as sales man and he was earning Rs.3,000/- pei' aiontli, he was the onfy bread eariier in his famHy and hls name was to be considered for compassionate appointment. 4. The claimant being legal heu' of the deceased fited a petitlon under Section 166 of tlie Motor Vehicles Act (fot' short the Acf) before fhe Clalms Tribmial claiming a total compensation of Rs. 10,84,000/- for the deafh of the deceased. 5. Learned Clalms Trlbunal on a close scrutmy of evldence led, material placed aiid submissions made by tlie paities, has awarded a total amount of Rs.3,19,000 against Uie appellaiit along wifli simple interest @ 6% per anniim from ttie date of appIicaUon tUl its payment 6. We liave perused (he impugned award passed by the Claims Tribuiial. 7. Despite of admittmg, flie particulars of diiviag Ucence of the was not produced by the appeUant, fliei'efore,'lt cannot be sald tliat the Insiu-ance Com.pasy wa& at fault at any potot of time. Hence, for aU pm-poses, it will be ti-eated fhat fhe driver of the offendmg vehlcte was not having valid aiid efiectfve di'iviiig licence oa fhe date of fhe accidenfc 8. In (he result, the appeal is allowed and fhe appeUant/Insurance Company is exonerated from its Uabillty to pay compensatlon to tlie dalmaiit. However, tt wUl be open to fhe claiuiaiit to reallze the amouiif fl-om the, owner of fhe vehicle. 3" •^ ^ /^" <7 9. The amoiuit if any, ali-eady deposited by fhe appellaiit/Insui'ance Company shall be refuiided to it. In case the amount is dlsbursed to flie claimant, theii the same may be i-ecovered from tlie owner ofthe vehicle. Sd/- I.M.Quddusi Judge .Kinc Sd/- G. Minhajuddin Judge 83 r..^