^'<: ^/ IN THE mOH COURT OF CHHATTISGARH AT BILASPUR rC.G.) "2 M.A.(C) No.^"..7777 OF 20C CAPPEAL VALUED AT Rs.4fZ5.000 /-) APPEAL UNDER SECTION 173 OF THE MOTOR VEmCLES ACTS. 1988. APPELLANT CN6N-APPLICANT N0.2-) ^ l^^i ^>^f' ^s^ .^-^s^r '^y' ^United India Insurance Company Limited, Through: Its Branch ', 'Bransh- ""•^t.. Office, Bilasp~ur, Tah. & Distt.- Bilaspur (C.G.) VERSUS (APPLICANT N0.1) (APPLICANTN0.2) «"' (APPLICANT N0.3) \^ (APPLICANTN0.4) CNON-APPLICANT N01) 1- 7_ Smt. Shivmati Sahu W/o- 7 DilchandSahu, Aged- about 42 years, 2^ Dilchmd Sahu S/0-Ganga y~l7 PrasadSahu, Aged-45 years, Both are R/O-viU.- Basaatpur, Distt-Janjgir- Champa (C.G.) Hall Mukam-Telipara Bilaspur, Tah.&Distt.- BUaspur(CG) 3.o _ Smt-Usha Sahu , D/0-Navin ^ Sahu, aged-22 years, ^4. Ku.HemlataSahu D/Q-Navin Sahu, aged-2 */2 years, Both are R/0-hall Mukam- Indira Nagar Janjgir,Distt.- janjgir-Champa (CG) 5,.."/-' Basant Kumar sahu S/0- Babulal sahu, aged-23-years, R/0-VilL& Post.-Janjgir, Distt.-Jaajgir-Champa (CG) HIGH COURT OF CHHATTISGARH : BILASPUR M. A. fd No. 282 of 2007 Appellant United India Insurance Company Ltd. Versus Respondents Smt. Shivmati Sahu 8s others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri Justice Prashant Kumar Mishra, JJ Shri Dashrath Gupta, Advocate for the appellant. Shri R. Dayal Shrivastava, Advocate for the respondents No. 1 85 2. jghri Dharmesh Shrivastava, Advocate for the respondentsNo. 3, 4 & 5. ORDER (Oral) ( Passed on this 8th day ofDecember, 2010 ) Per I. M. Quddusi, J. 1. This appeal has been filed by the United India Insuranee Company against the impugned award dated 23.9.2006, passed by the Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 99/2005, on the questionof liability to pay the amount of compensation. 2. We have heard learned counsel appearing for the parties, perused the lower Court record as well as the findings given in the irapugned award. 3. The brief facts, in nutshell, are that on 23.4.2004 deceased Navin Kuinar along with one Suresh Patel was going to Champa by motorcycle i.e. Bajaj Boxer, bearing registration No. C.G. 11- B/4698, at that time near village Tilai the motorcyclemet with an accident as it collided with a tree scaffold. Navin Kuinar, who was driving the raotorcycle, received grievous injuries and died on the spot. The claimants filed a claira case unfler Section I63-A of the Motor Vehicles Act, 1988 for award of a total compensation of w. 6. 7. '^ Rs. 4,39,OOO/- under various heads. The owner of the motorcycle was non-applicant No. 1 and it was insured with the non-applicant No-2/present appellant. Learned Tribunal, having regard to the facts and evidence passed the impugned award, directing the non-applieant No.2/appellant to pay a sum of Rs. 4,25,OOO/- as compensation along with interest to the claimants. Learned counsel appearing for the appellant insurance company submits that the liability of the Insurance Company is only to pay the award of Rs. 1,00,000/- (One Lac) as compensation to the claimants. Since the deceased was authorized to drive the motorcycle by the owner, therefore he steps in to the shoes of the owner. In view of this the Insurance Company is liable to pay only Rs. 1,00,000/- as compensation to the claimants because the compulsory personal accident of the driver and owner was covered under the poliey but to theextent of one Lac only. Having regard to the facts situation and well settled law, we are of the opinion that the impugned award is liable to be modified and the same is accordingly modified to the extent of payment of award of compensation of Rs. 1,00,000/- by the Insurance Company. The claimants shall be entitled to get the simple interest at fhe rate of 6% per annum from the date of filing of the claim petition i.e. 31.1.2005 before the claims Tribunal till the payment is made. The appeal is allowed and the impugned award dated 23.9.2006 is modified accordingly. No order as to costs. Thakur Sd7- I-M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge