HON'BLE SHRI JAGDISH BHALLA, Ag.CJ. & •w^ Nationa! Insurance Company Ltd., Through - Branoh Manager, Korba (C.G.) (Insurer of Truck Vehicle No. C.G. 12ZD00701) Respondents (No. 1 to 8 are 2. 3. 4 Driver of Maruti Van No. 7. C.F. 15ZD-0249 DELETED— 8. Owner of Maruti Van No. C.G.15ZD-0249 9. DriverofTruokNo. C.G.12ZC-0701 Versus • Mus. Mehrun Nisha, S/o Ls.te Md. Shabaan, Aged about 34 years Md. Aazad, S/o Late Md. Shabaan, Aged about 19 years Md. Sajad, S/o Late Aged about 19 years Ku. Gousiya, D/o Late Aged about 14 years Md. Shabaan, Shabaan. Gulam Gous, S/o Late Md. Shabaan, Aged about 12 years Ku. Rajiya, D/o Late Md. Shabaan, Aged about 7 years Respondents 4 to 6 are minor through natural guardian mother Mehrun Nisha, Aged about 34 yeare, Wd/o Late Md. Shabaan. All are R/o Village Bankimongra, Tehsil - Katghora, Dist : Korba (C.G.), Presentiy residing - Juna Bitaspur, Bliaspur, Tehsil & Dist : Bitaspur-(C.G.) Dharmendra Patel S/o Sita Ram Patel, Aged about 26 years, Rio Karehapara, Village & Post - Ratanpur, Dist : ;Bilaspur- (C.G.) Ramnarayan Tiwari S/o K.P. Tiwari, R/o Sarguja, Kshetriya Gramin Bank, Branch - Premnagar, Dist : Sarguja (C.G.5 Sarkhu Khan S/o Bhikari Khan, Aged about 49 years, R/o Deharlbarapattar, P.S. Dehri, Dist : Rohtas (Bihar) R/o Budwari Bazar, Korba. iTti!Ffi@Etli?E^l;l!;:aig®if;^?"-Sif OwnerofTruckNo. C.G.12ZC-0701 10. Saiffuddin Khan, S/o Likhakari Khan, Villags & Post - Kusmunda, Dist : Korba - (C.G.) Misc, Appeai under Section 173 of the yotor Vehicie Aot. 1988 Present: Shri Raj Awasthi, counsel for the appellant. 'assea on The foliovi/lng ora! order of the Court was passed by Dili| Heard. Vide sward dated 10.01.2007 passed by 6 Additlonal Motor Aocidents Claims Tribunal, Biiaspur in Claim Case No. 07 of 2006, the ft/lotor Acoidents C!aims Tribunal (hereinafter referred to as the "Tribuna!") awarded compensation of Rs.5,52,000/- against the appellant-lnsurer. The only point urged by iearned counsel for the appe!tant-!nsurer in this appea! is that on the date of accldent the offending vehicle i.e. Maruti Van No. C.G.15ZD-0249 was not insured by the appetlant - Insurer. However, upon perusai of the record, the argument advanoed by learned counsel for the appe!!ant cannot be countenanced for the reason that neither the appe'tant- Insurer specifically denied the fact that the Maruti Van No. C.G. 15ZD-0249 was insured by it in its pleadings nor led any ev'dence to prove rt. !n thls vievi/ of the matter, learned Tribunal was whol'y justified in recording the finding that in the absence of any denia! or evidence in rebuttal, it cou!d not be said that the offending vehide was not insured by the appeHant- Insurer. No other ground was urged in this appea!. In the result, the appeal being devoid of any merit, is dismissed at the sta.ge of admission itseif. : Sd/- Ag. Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge sub&u