® 0w {gt/fraingla Bencn as, m THE HIGH COURT OF JUDICATURE AT BILASPUR C.G. Mama. ..g OF 2096 (APPEAL VALUED AT Rsl,75,000 /.) _ APPEAL UNDER SECTION 173 OF THE MOTOR VEI-HCLES ACT 1988. APPELANT : /1§étiona1 Insurance Company N Limited, Divisional- j if Contractor Colony, Supela, Bhilai, Distt. Durg (C.G.) (Owner of the Truck) W _.<b..“-?-} €24.4- office, Complex, G. E.Road-Bhilai,Distt.~ Durg, through:-Its Branch £pié Manager, Taha Complex 4‘1 Vyapar vihar Raod Bilaspur (C-G-} w“ VERSUS l “RESP ND TS 3", Smt. Durga Bai W/O Matram Sahu, (APPIgCA§¥NO. l) aged -22years . APPLICANTNOz) Mattam ‘Sahu D/O—Rajaram Sahu, “y Aged-2Syears, ’(/AP/PLICANTNO3) V3 Akas Sahu , S/O Matratp Sahu aged 2 and haH" years (Mmor- Through Natural guadian, Mother- Res. No. l .) All are R/O - Hirri Mines, mdrapuri, P.S.- Hirri, Tab. & Distt. Bilasput (C.G,) :4. Abbash Mohammad r @ Sheikh //I(‘II\OIO.§-APPLICANT / Mohammad , S/O Majid Mohammad aged 24 years, R/OeJarha Bhatha Mandir Chowk Bilaspur (C.G.), At Present- Dubey’s House, Qr. No. l W.A. 8- B, Hirri Mines, P.S.- Hirri, Tah. & Distt. Bilaspur (C.G.). KygqNgN—APPLICANT 2) Shantosh Kumar @ Saturam Kurmi S/O Arjun Singh Kurmi aged 39 years, R/O Bhaver Gara, P.S. Daukikohara Dostt . Biaspur , Permanent Address- Dalli Rajha'ra, Distt.Durg (C.G.) (Truck Driver) Kamlesh Kumar Randlve S/O f, goON-APPLICANT 3) x6 Ganesh Rao Randlve aged 22 years, R/O— Sasang Road XI—HC—78 mw,m,mmgt W 7+ N“ $.L?:..0.é Wm In 200 WW<W) marmm mmwgé’rm %ax%uan%¥r 15/1 12007 : - Shri Dashrath Gupta, couns‘ Heard on admission. This q Brief facts of the case are tFl the deceased Raja Ram $ahu/ar jeep bearing registration‘ No. C.GJ Truck No. C.G. O4—G/0490 leaded side the body of ihe truck was s vor sideiights. The said jeep, an into the’said truck. in this accide t Raja Ram and Sonu Sahu died on e! for the appeuants. ‘rdeir shall govern M‘A. No. 808/2006; pat on 24—04-2004 at about 1‘00 a.m_ d Sonu Sahu were travelling in the l0/Z.D./2168. Near village Temari) a' with iron rod extending 4-5 feet out ding on the road without any signai hing near the above place intruded 153/2005 has already been depo Vited by the appellant in the learned MA.C.T. The only point urged by th learned counsel for the appeants in' both these appeals is that the lia lity to pay compensation as awarded by the learned Motor Accident aims Tribunal ought to have been apportioned and the liability to p y compensation ought also to have been fastened on the driver oft e illfated jeep. No other point was urged by the learned counsel for appellants. t Upon a perusal of the reoo d of Claim Case Nos. 152/2005 and 153/2005 arguments advanced by the learned counsel for the appellants cannot be countenan d. Admittedly the truck insUred by the appellants was‘standing in middle of the road at night with heavy load of iron rods which wer protruding 4~5 feets at the back side‘j R10] t r n c ll l e e the spot. The learned M. .C.T. awarded compemeaiion of Rs. 2,80,000/~ and ’i,75,000/- i Claim Case Nos. 152/2005 and 153/2005 respectively. Learned counsel for the ppellants further submitted that the amount of compensaticn awarde in Claim Case Nos.152/2005 and XI-HC—78 WWWW H J. .. Wm..¢o.nov‘00¢.o¢t FE 20% mm<W> WWW mm§wm WWW‘ mmwm "L( %W311%3T of the truck‘ No light, signal qr indicators were put on the truck. NegHgence of the driver of the truck is thus established. The ques€ion of contributory negligence on the Dart of the jeep driver does not arioe. kn this View of rhe matter, no ground is méde out for admrssio‘n of theso appeals. In the result, both MA. Nos'. 812/2005 and 808/2006 are dismissed at the stage of admission. ln View of the above, M5C.PV Nos. 1097/2006 and 1093/2008 also stand dismissed. No order as to costs. ‘ 8d]- ; DRDeshmukh ' Judge Kqmakm P.T.O. w I.