^^JSA>^°^' s^s?^^-''^-^L^Z—^: !N JQjE HIGH COURT 01'' CHHATHSGARH AT BILASPURIC.G.) M.A.(C) No.ll.7.. OF 2011 (APREALVALUEDATRs.4.41.500/-) BllViSJOn Bench APPEAL_yNaER SECTOON 173 OF THE MOTOR VEHICLES ACT. 1988. APPELANT (NON- APPLICANT N0.2) AedW^^-^ ?^^u3:^.....---r Qated.."-^^^- ^ } RESPONDENTS (APPLICANTNO.iy -.1. (APPLICANT N0. 2) :2. (APPUCANTN0.3) :3. (APPLICANTNO. 4) :4 ( NON- APPLICANT No: 1) ••5. (NON-APPWANTN0.2) :6. United India tosurance Company Limited, Through Its Divisional Manager, Divisional OfBce- Krishna Complex 1st floor, Kutchery Chowk, Raipur VERSUg Rukhinani Sahu, W/0- Late Maxihav Sahu , aged-20 years, Dujram Sahu, S/0- Tijau Ram, Aged-50 Years, Smt. Kastur Sahu, W/0-Dujram Sahu, Aged about-45 years. Vishnu, S/0- Madhav Sahu, Aged about - 1 year. Respondent No. 4 minor, through mother Smt. Rukhmani Bai Sahu W/0- Madhav Sahu(Respondent No. 1) AU are R/0- Village And P.0.- Kosrangi, P.S.- Kharora, Tah. & Disfc-Raipur (C.G.) Baluram Yadav, S/0- Manrakhan Yadav, R/0- VUla^- Farhada, P.S. - Kharora, Tah & Distt- Raipur (C:G.) Arun Chandrakar, S/0- Shri K.R. Chandrakar, R/0= ViBage-fcftO.- Kosrangi, P.S.- Kharora, Tah. 8s Dist. - Raipur (C.G.) meiiCOURT OF CHHATTISGARH. BILASPUR DB: HON'BLE I. M. QUDDUSI & HON'BLE O. MINHAJUDDIN, JJ APPELLA3ST RESPONDBNTS M.A(C)llp.^87^2911 Uiiited India Insuraace Coinpany Ltd. Vs. Rukhinani Sahu aad others MISC. APPBAL UNDBR SECTIOIU33 OF THE MOTOR VEHICLES ACT.1988 APPEARANCE: Mr. Dashrafh Gupta, counsel for the appeUaat. Mr. Suresh Taudon, counsel for respondeats l to 4. ORAL ORDER (07.12.2011) Per I.BS. QUDDUSI.^L i. 1. This appeal has been ffled by the Insuraace Compaay s^auist flie iinpugned award dated 04.05.2011 passed by fhe Firat , Addl. Motor Accident Claiins Tribunal, Raipur (C.G) ia Claim. Case No.24/2003 ia so far as it has fastened Uabittty upon fhe appeBaut to pay conipensation to fhe claunants. 2. Brieffacts offtie case are fhat on 03.02.2003 deceased Madhav Sahu had gone to work as labourer ia Tractor bearine Regn.No. C.G.04/ZG/S731 and TroUey bearing Regn.No. C.G.04/ZG/ 5732. The said Tractor TroUey was beiug driven by non- appHcaut no. l Baluram Yadav iu a rash and negUgent inanner, due to which, Madhav Sa^u who was sitting in fhe TroUey feU down aad was crushed under fhe tire of Tractor TroUey, as a result ofwhich, he died. At the time ofaccident, the deceased was aged about 24 years aud was eaming Rs. 150/ - per day by doiug labour works. The clannants being dependents/legal representaUves of ttie deceased -faave filed claioi petition uader Section 166 of fhe Motor Vehicles Act for the award of a total compensation ofRs.9,18,000/- onvarious heads. 1^T 6!! ^8ia», ^ ''-aa^ th»^.^ ^ t'^ 3. The leamed claiins Tribuiial has held fhat the non-appUcaut no. l was driviag fhe vehicle ia rash and negligent inanxter and caused the accident, as a result ofwhich the deceased died; at fhe tuue of accident, ftie driver was haviag valid aad effective driviug Ucence aiid the claimants are entitled to receive a total amount of coinpeiisation Rs.4,41,500/- wifh iuterest froia the appeUaats. 4. We have perused fhe lower court records as weU as the impugned award aad found fhat the Tribuiial has not fiamed the issue regardiag breach of conditions of fhe iasurance policy. However, we have perused the terms of the insuraiice policy and found that fhough it was fanners' package policy but fhe labourer deceased who was traveling in fhe Tractor TroUey was neither iusured nor fhere was axiy seatuig capacity iu the Tractor or TroUey. There was only one seat available ia the Tractor tiiat is for driver. Therefore, it was not permissible to aUow the deceased to travel ia the Tractor or TroUey by fhe owner and driver without haviug any seating capacity. Therefore, ftiere was breach of conditions of fhe iasuraace policy aad hence, fhe appeUaat iasuTauce conipaay caruiot also be liable to pay coiiipensation to the claunaats. Rather it is the liabUity of the owuer aad driver of fhe Tractor TroUey jointly or severally. Furfher the penal interest @ 9% per atuiuin imposed by the Tribunal after the stipulated period is not sustaiaable aad is hereby set aside. We direct that fhe award shall cany sunple interest @ 6% per annuiu through out from. the date of filing clami appUcation tffl fhe date of paynient. S. In view of fhe above, we allow fhe appeal aad exonerate the iasuraace coiapany fix>in<"lts liability to pay coiupensation to the claunaats. However, it wfll be open for fhe dnimants to reaUze fhe auiount of coiupensation froia owner or driver of ftie contractor joiafly or severally. The amount which has already been deposited by the appeUaat shall be atlowed to t)e wifhdrawn. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge