n'".i ^^«i,—d; ..-.<»''*'•••«.,^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH C<(; -..)./^ AT BILASPUR M.A. (C) N0. / 2009 Appellant : Non-Applicant no. 1 ^•-••••^^r -'•"^.s^"" Versus Respondents Applicants . 1 ^ ^ 4. Non-Applicant No.2 5. ^ Angad Khurre, S/o Jagdish Khurre, Aged about 34 years R/o Village Salheown, P.S. Sarsiva, Distt. Raipur-(C.G.) — Owner ofVehicle No. C.G.13-D/0156. Yashoda Bai W/o Late Prakash Kumar Nirala, Aged about 20 Years. Yashu S/o Late Prakash Kumar Nirala, Aged about 2 raonths (Minor) through natural guardiaii mother Yashoda Bai. Santosh Kumar S/o Narayan Prasad Nirala, Aged about 45 years Smt. Vidya Devi W/o Santosh Kumar Nirala, Aged about 43 years All are R/o Village Jogideepa, P.S. Sarsiva, Tahsil - Bilaigarh, Distt. Raipur-fC.G.) The Oriental Insurance Company Ltd., Branch Office Sunday Market Raigarh-fC.G.), Division Office Kacheri Chov*rk; Raipur (C.G.) -Insurer of Vehicle No.C.G.3.3- D/0156. ^:s>"' .f'^^. /J i^ ,\ HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON'BLB I. M. QUDDUSI 8s HOK'SLE G. MIHHAJUDDIN, JJ Angad Khurre Vs. Yashoda Bai & offaers '. 6 Mr. A. P. Shanna, Counsel for the appeUaat. Mr. Anaad Kesanvaai, counsel for respondents 1 to 4. Mr. Sudhir Agrawal, Counsel for i^spondent No.5. Per I.M. OUDDUSI. .L (01.09.2011) 1. This appeal has been filed by the owner against the impugned award dated 20.01.2009 passed by the II Additional Motor Accident Clauns Tribuiial, Baloda Bazar, District Raipur (C.G) ia Claiin Case No.50/2008 fastening liability upon him to pay a coinpensation of Rs.4,16,000/ - with iaterest @ 6% per aitaura. 2. Brief facts of fhe case as per fhe version of the claimaats are that on 22.3.2008 at about 2.30 p.m. deceased Prakash Kumar was coming to vUlage Pikri finrn. viUage SaBieowna by drivia; Tractor bearmg Regn. No. C.G. 13-D/0156 owned by fhe appellant. On the way, at about 2.30 p.in., fhe said Tractor overturaed near fhe field of Parachinara Patel, due to which, Preiii Kuniar was pressed under the Tracfor and died on fhe spot. At the tiine of accident, fhe deceased was aged about 22 , years aad was eaniing Rs.3000/- per inonfh by driviug fhe Tractor No.C.G.13-D/0156 owned by AppeUaat Angad Khurre. The clamiaats being dependents of fb.e deceased have filed ./•./i-ss5i. :'\ ''»s~«>< " •^^..•-^•^'^ v f ©) Rao appUcation u/s 163-A ofthe Motor Vehicles Act for fhe award of total compensation ofRs.9,07,000/- on various heads. 3. The Tribunal has framed Issue No.9 as to whether fhe Tractor was being driven ia contravention of conditions of fhe iasurance policy aiid aaswered fhe sakl issue iii positive. 4. We have heard leamed counsel for the parties and have also gone through fhe records. 5. The Tractor was registered for agricultural purpose. The iiisuraace policy was also issued under Kisan Package Polidf for agricultural purpose. The widow of the deceased Yasoda Bai has examiaed hersetf as A.W. 1 aad has given stateinent fhat on fhe day of 'HoK' festival fhe deceased told her fhat he was going to celebrate fhe 'HoIf aud left fhe house. The Tribunal has held that fhe Tractor was not being used for agricultural purpose on the date and tiiae of the accident aad it was being used for the purpose to celebrate the Holf aad ffaerefore fhere was breach of conditions of fhe iasuraace poMcy. Furfher, it is also not disputed that fbe deceased was the einployee of fhe appeUant- owner. Hence fhe Insurance Coinpany was not liable to pay coiapensatioa aad fhe Tribunal has fastened fhe Uabilitv to uav coiiipensation upon fhe owner ofthe Tractor. 6. We have not found anv illegalitv or inaaifest error of law ia the finding given by the Tribunal on the basis of evidence available on record. Therefore, no case for iaterference is inade out. 7. In fhe result, fhe appeal is disiaissed. No order as to^ost. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge T