BEFORE THE HON'BLE HIGH COURT OF CIfflATTISGARH AT BILASPUR • ni.,:»^«R.a, M.A.NO. UM^—OF APPELLANT N-APPLICANT N0. 3 RESPONDENTS ,dS !k „\f '^S''"' :- : Branch Manager, The United India r. „ c Insurance CoSipany Ltd.3ranch Korba, Tfarough Bilaspur (Chhattisgarh) VERSU'S -1. Smt. Manju Tiwari, aged about 38 years wife ofLate Ramakant Tiwan, i. Ayush Kumar, aged about 6 years, 3. Ku. Subhi, aged about 3 years, father ofboth respondent no, 2 and 3'Late Ramafcaat Tiwari, both ininor through the- ir natural guardian mother respondent no.l ^Rukmani Devi, wtfe of Radhyelal Tiwari, aged 52 years, AU resident of Nannadanagar, Bilaspur (Chhattisgarh), CLAIMANTS 5, Budhram, son ofRamlal Satnami, aged ••'' 35 years, resident ofCfaunchuni Colony Jhopadpatti, Kusmunda, Korba (C.G.), ,A Smt. Gunvanti Devi Pandey, daughter '^ ofShri Vishist Pandey, resident of Gajra Colony, Banldmogra, District / Korba (Chhattisgarh). NON-APPLICANT N0.1 & 2 APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT l98§ (CEaim in appeaS valued at Rs.'3,95,000/- unly) Being aggrieved with the award dated ^9.2004, passed in Motor Accident Claim Case No.26 of2003, by Smt. Madhuri Katulkar, Coffltd.,2.. \?v 4^' w / -a" / .§ ^J^ ^ ^' V :9TSVTW'"T^r^ ::^f HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.No.1142 of 2004 APPELLANT Non applicant No. 3 RESPONDENTS Branch Manager, The United India Insurance Company Ltd. •Versus Smt. Manju Tiwari & Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri HB Agrawal, Sr. Advocate with Ms. Pragya Singh, Advocate for the appellant. Shri Dharmesh Shrivastava, Advocate for respondent No.1to3. Shri Ravish Verma, Advocate for respondent No. 6. ORAL ORDER (Passed on 27th day of September, 2010) Per: I.M. Quddusi, J. 1. This is a insurer's appeal against the award dated 08.09.2004, passed by the Additional Motor Accident Ctaims Tribunal Bilapur (for short the Tribunal) in Claim Case No.26/2003, awarding an amount of Rs. 3,95,000/- in favour of the claimants along with interest @6 percent per annum from the date of application till its payment. 2. At the very outset, it is necessary to mention here that against the same award the claimants had preferred an appeal for enhancement of compensation which was registered as MA No. 58/05 and was allowed vide judgment and order of this court dated 18.01.2006 enhancing the amount of compensation. / -^ In this case, leamed counsel appearing for the appellant/insurance company has submitted that there was contributory negligence, but, the facts of the case are that, the deceased was going by Hero Honda motorcycle bearing registration No. CQ-10-ZE-1755 and the Truck in question bearing registration No. CG-12-ZC-2132came from behind and committed accident by dashing the motorcyclist and the negligence was of the Truck Driver. Therefore, it cannot be a case of contributory negligence at all. The appeal against the same award filed by the claimants has already been allowed as mentioned hereinabove. Accordingly, there is no force in this appeal. The same deserves to be and is hereby dismissed. No order asto costs. saz- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge Sahu