OivisionBenck IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G) M.A.C.No."::?-H72011 (MEMORANDUM OF MISC. APPEAL U/S 173 OF M.V.ACT) APPELLANTS: CLAIMENTS \ o RESPONDENTS: /• Smt. Kheermani Wd./o Late. Narshing, aged about 48 years. ^2. ^ Yosada D/o Late. Narshing, aged about 27 years, ^3. Manaklal S/o Late. Narshing, aged about 26 years. Heeramani S/o Late. Narshing, aged about 24 years. Poonam D/o (-ate. Narshing, aged about 22 years. Satya S/o Late. Narshing, aged about 20 years. Shishupal S/o Late. Narshing, aged about 18 years. All the R/o Village: Bazavand, Tehsil: Jagdalpur, District: Bastar, C.G. _VERSUS__ 4. Gurudas @ Laxmi S/o Pilman Kashyap, aged about 33 years, R/o Village: Metguda, Tehsil: Jagdalpur, District: Bastar. C.G. [Driver] /I. The Oriential Insurance Company Ltd., Branch Office. Jagdalpur, Dist. Bastar, C.G. MEMORANDUM OF MISC APPEAL UNDER SECTION 173 OF^THE M.V.ACT //^ %. "^^A? H!GH OF AT MR-. & ^ < Smt. Kheermani and Gurudas @ and ,Mr. Rakesh Sahu, counsef forthe appellants/ciaimants. (1f"Au9Ust,2011) Per I.IVI. J on EA No.01, an for of $rs thls as the has wlth a of 2544 days. 02) for the that due to of the the before the CS-ajm-s Tribunai, the couid not be filed within time. 03) On due of the in the vvhich is by an affidavit, we are of the oplnion that the have been ab!e to the in filjng the satlsfactoriiy. Accordingfy, !A No.01 is and in fiiing the te condoned. 04) This has filed 173 of the Vehicies Act, 1988 against the award ofthe 4th Motor Accident Claims Tribunal, Bastar at JagdaSpur dated 13th April, 2004 passed in Claim No.14/03 by the the petltlon ofthe 06) of the are that on 15.12.2001 at 8 am was to by 407 No. MP-25- in the he was by and (son of the The ,.:;:J;y:'^-.- ^"^ \^ %l%?it®& j 'v^w^:' ^- ::'^:^^^' was by @ No.1 However, on account of rash and ofthe driver, the vehtele at TaSab Tarapur, in to Narsingh.'who uitirnate!y died to was in the : Cr.No.215/01 for the 304A ofthe IPC was 06) At the time of RsW,OOOA- per and the upon hlm. the are and of the flted a 166 of the Act, 1988 (in short "the Act") for a tota! of Rs.26,16,000/- the of 07) However, Tribunai, of the by the Et, by the the 08) We for the the LCR as aiso the 09) The has he!d that the had due to and of of the The who by the of the was aiso owner of the in the and he was in the of owner of the the h-ad The that st w-as a poiicy. 147 of the Act, 1988 as under: 147- and of!iabitity. (1) In order to compfy with the requirements of this Chapter, a policy of be a polic-y whlch - (a) js jssued by g per-son who is an authori-sed insurer; snd (b) insures the or of in the poiicy to the extent specified in sub-sectlon (2) - (1) any which may be by him in respect of the death of or bodiiy injur^ to any person or to any propert^/ of a thlrd by or arislng out of the use of tho vohicle in a pubilc place; (ti) the of or injury to any of a pubJic semce vehicle by or arislng out of ^ the use ofthe In a Provsded that a polloy shaSI not be requlrod - (i) to cover jn of the out of and In the course of his employment, of the empioyee o-f a person Insured by the pollcy or In respoct of bodJly Injury sustainod by such an employee arising out of and in the course of hls a the Workmen's Compensation Act, 1923, (8 of 1923.) in respect of the of, bodl!y injur^ to, any such employeo - (a) jn drivlng the vehlcle, or (b) if It is a pubisc service vehiole engaged as a conctuctor of the vehlcle or in examinjng ttckets on the vohlcle, or (c) If 11 is a goods carriage, being carrled In the vehic-ie, or (ii) to cover any contractual liabiljty, • Expianatjon.-- For the of it is hereby declared that the of or bodily injury. to any person or to any property of a third party shajl be doemed to have boon causod by or to have arisen out of, the use of a vehlcie In a that the person who is or injured or the property which Is was not in a pubiic at ths time of the accident, if the act or omissson which !@d to the accldent occurred In a publlc piace. (2) Subject to the proviso to sub-section (1), a poilcy of insurance referred to irs sub-section (1), shali cover any Jiabiljty incurred In of any accldent, up to the foSlowing Ijmlts, namety (a) save as provlded in ciause (b), the amount of IlabiJity incurred; (b) in respect of to any properfry of a third party, a limit of rupees six thousand: Provided that any pollcy of jnsurance wlth any limlted Ilabliity and in force, immediately before the commencement of thls Act, shall contlnue to be effsctlve for a offour m-onths commencement or ti!{ the date of expiry of such policy whlchever is earlier. (3) A pQii'cy be of no for the of this Chapter unless and until there ss issued by the insurer in favour of the persor? by whom the poilcy Is a certificate of insurance In the prescrlbod form and containing the proscribod particulars of any condjtion subject to whlch the policy Is issue-d and of any and forms, and matiers rnay be prescribed in dlfferent cases, (4) Where a cover note by the the provjslons of thls Chapter or the rules made thereunder Is not followed by a pollcy of Insurance w'thln the prescribed tlme, the Insurer shali, within of ths of the peri.od of the vaildlty of the oover note, notlfy the fact to the reglstering authority in whose records the vehtcle to wnich the cover note has been or to as th@ may prescribe. (5) NofrwJthstanding anythlng in any law for the bejng In force, an insurer sssuing a policy of msurance under thss ^ |»wik be to the or of persorfS specified in the policy in respect of any liability which the pollcy purports to cover In the of that person or those classos c3f porsons. 10} Tribuna! has not considered the and of the comprehensive insurance policy, partjculariy in iight of 147 of the Act, 1988. Therefore, in our opjnion, the matter requires reconsideration atthe end ofthe Tribunal. 11) In the resuit, we this in part, set the and the to the Tribuna! to the opportunity of to the in the light of the above, as as preferably wlthin a of from the of of copy of this The Tribuna! conduct ah enqulry as 168, 169 of the Act, and Ru!e 226 of ttie CG Vehtele Rules, 1994 to the fact for just compensatiors. 12) Neediess to mention that the be to the pjeadings, adduce further fiie or get the documents etc. and the be afresh. 3) Partles shaii appear before the Tribun.aI on 21s September, 1 14) LCR be to the Tribuna! further delay. 15) No as Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge N