IN THE HIGH COURT OF CHHATTISGARH JUDICATURE; -M^SETODLLic.Be; MISC. APPEALNO. 7^9" /2003 / ^ ^ n ^-! APPELLANT II^LTRER RESPONDENTS/ CLAIMANTS n0'.. ..-?^ ^^-•v ....^^.••" •^^v"' €^. ^- Nation^. Insuraaioe Con^any Ltd. Thmu^i: Its B^andh Mari^or, Blaspiir (Chhattis^rh) VERSUS- "> /l). ^ /^ 2). Smt. Lsissm Devi, W/o Joluanlal S^iu @ Johan. R^nSahu, Aged sbout 30yesrs, Ococupation: H)use\?vife, R/o Behind Teen Darslian ?^fandir (Cpposite Nandu Ku-ana Stores), Caomp No. 1, Ehilai, Tdzsil & Distt. Eteg (aihatdsgarh) Meena KimTari, iyo Lste Sliri Joliaiilal Saliu @ Johgon Ram Sahii, Aged about 14 years, Mnor, Throu^i: Guardian ^fofliea- Smt. Laxmi De^d. ^, ,3). f;\Yog^hKurmr, / ' S/o-Late SSm Johanlal S£fou<@ Johsn Ram Sahu, A^od about 10 years, IV&nor, Tliroi.^h: Guardian Mo&er Smt. Laxmi Devi. ,/4). S^Tameshwar Kumar, S/o Late Shri Johanlal Sahu @ Johan Ram Sahu, Aged aboiit 8years, ^Aior, Throi^i: Guardian M3th.er Smt. Laxmi Devl. All Residents of Bdiind Teen Darshan Mandir (Opposite Nandu Jb&ta:wi Stojpiss^ Ctefy No. 1, 'S^lw.y Tehsil & Dlstt. Durg (Chhattis^di) 1 RESPONDENT/ PRIVER (f /5). ^^. RESPONDEN^ /OWNER '< ^do-Ali, S/o Gulam Mohd. Khan, Aged27year5, Occupation: Bus Etivea-, R/'o Tantihibandh, Rapur (C.G.) R-eseait Address: Nandmi Nagar Mnes, 1-b-telDdvsxe, Nandim Nagar IS/fea-icet, Nandim, Eliilai, Tehsil & Distt. Djig (C.G.) (Dnver of Mm Bus No.MP- 24/C-9026) / 6). Awadesh I^unsr Msln-a.. S/o Shri RP. Mshra. R^o Ahiwara Nagar, Ahiv^ra, Distt. Dag(C.G.) (Owner of Ivfini Bus No.MP- 24/C-9026) ^ MEMO OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLESACT.198jg> HIGH COURT OF CHMATTISOARH AT BILASPUR APPELLANT Insurer RESPONDENTS M.A. No. 967 Qf 2003 National Insurance Company Ltd. Versus Smt. Laxmi Devi & 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 Sourabh Sharma, Advocate for the appellant. Shri Manoj Jaiswal, Advocate for respondent No. 1 to 4. ORAL ORDER (Passed on 27.10.2010) Per : I.M. Quddusi, J. Heard. The instantappeal has been preferred by the appellant/ insurance company against the award dated 30.07.2003, passed by -the VIllth Additiona! Motor Accident Claims Tribunal (FTC), Durg (for short 'the Tribunal') in claim case No. 9/02, whereby and whereunder an amount of Rs. 3,67,000/- has been awarded in favour of the claimants alongwith the interest @ 9 percent per annum against the respondents jointly and severally. Brief facts of the case are that, on 25.09.1999 Johan La! Sahu (since deceased) met with an accident with Bus bearing registration No. MP-24-C-9026, as a result of which Johan La! succumbed to the injuries sustained in the said accident. .:^^i s ^,.^' y "<. ^" ^. 6. The claimants preferred an applteation before the Tribunal under Section 166 of the Motor Vehicles Act, claiming compensation to the tune of Rs. 5,85,500/- for the death of deceased in the said accjdent. The Tribunal on a close scrutiny of the evidence led, material placed and submissions made by the parties, awarded a sum of Rs. 3,67,000/- in favour of the claimants as against the respondents jointly and severally. Learned counsel appearing for the appellant/lnsurance company has submitted that infact the licence of the driver of the vehicle in question issued by the RTO Calcutta is fake and forged. However, learned Tribunal has observed that the licence was renewed by the R.TO Raipur from time to time and no evidence has been adduced on behalf of the appellant/insurance company which shows that the licence issued by the RTO, Calcutta was fake and in the absence of the same it could not have been said that the driver was having fake licence and as such the Tribunal has given its proper finding in this regard. Therefore, in view of the above circumstances, we are not inclined to interfere with the award passed by the Tribunal. The appeal has no force, the same is liable to be and is hereby dismissed. No order asto costs. ~^w^~ Sd/- I.M. Quddusi Judge Sahu Sd/- N. K.Agarwal Judge