PAGENo-2 IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR angle Benctf M.A.m No.....ffe4.........../2011 APPELLANT/RESPONDENT No. 3: The United India Insurance Co. Ltd, 3, The Brahma ^oad, Ambikapur, Distt. Sarguja (C.G). RESPONDENTS/APPLICANT "s-/ •^ -:VERSUS:- ^f) Phool Sai S/o Maheshwar, Caste- Gond, Aged about 50 yrs, Occupation- Forme'r. Smt. Jashkunwar W/o Phool Sai, Caste- Gond, Aged about 45 yrs, Both are resident ofvillage Chharchha, Tahsil- Baikunthpur, Dist:- Korea (C.G). (Both are*pareftts ofthe deceased) ^3') Devnarayan alias Sadhusingh S/o Shri Ram Singh, Caste-Gond, Aged about 35 yrs, Occupation- Driver. Resident of Village- Chharchha, Thana- Charcha, Tahsil- Baikunthpur, Distt. Koria (C.G.) (Driver ofthe offending vehicle) ^) Devnarayan Sahu S/o Bhagirathi Sahu, Village- Kailashpur, Post- Devnagar, Tahsil- Surajpur, Distt.- Sarguja (C.G.) (Owner ofthe offending vehicle) fMISC. APPEAL UNDER SECTION 173 OE THE MOTOR VEHICLE ACT 1988) ^- HIGH COURT OF CHHATTISGARH AT BILASPTJR SJB: Hon'ble Shri Prashant Kumar Mishra M.A.fQNo. 706/2011 .4J>PELLANT : The United India Insm'ance Co. Ltd, Versus RESPONDENTS : Phool Sai and others Appearance: Smt. Chitra Shrivastava, counsel for the appellant. MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLEACT,1988 ORAL ORDER (6.07.2011) Heard. (2) Challenge has been made to the interim award passed by the claims tribunal awarding a sum ofRs.50,000/- to the claimants under Section 140 ofthe Motor Vehicles Act. (3) Learned counsel for the appellant submits that the deceased vvas traveling in the tractor, therefore, there being breach of terms of policy, Insurahce Company is not liable to satisfy even the interim award. (4) By the impugned award the tribunal has decided pmyer ofthe claimants for grant ofinterim award under Section 140 ofthe Motor Vehicles Act under the principles of no fault liability. The fact as to whether there is any breach.ofterms ofpolicy would be seeii after the ^evidence is led by both the parties. ^ -2- (5) At this stage it cannot be conclusively determined that the Insurance Company would not at all be liable to satisfy any pai-t of the award. (6) Even otherwise, the amouiit of interim award is adjustable in the final award and while doing so the tribunal can direct that the Insumnce Company can recover the amount of interim award paid by it to the claimaiits, from the owner. (7) In view ofthe above, this court does not fmd any substance in this appeal, which fails and is dismissed. Sd//- Prashant Kumar Mishra Judge t^