SIR^T w R;'!!'* 'tWISn^T *t|i»h ^' ^- 3^r -^ww^, w^\wie, ^<ftwy. wwn' *Micb WI, 200 sn^pr iraq; (iyF-i<ii<tr) ?®iiw(rfpisn^i OURT OF C M,A rci tench; Hon'bte ^pp^i Non-appl Jaisvil otd Vs tapondents Sast^ Ki< ^^ \/s| R/i Na 2. 3. Na Th M. (C, Present: Mr. Subhash Yadav, Advocats for None for respondsnt No.1 & 2. Mr. Abhishek Sinh-a wsth Mr. icspondent No.3. 01 (27. Heard on admission. The ov/ner of the offend regfstratlon number CG17-G-039 appe'a! asainst the avvarc! date ?H^Td41'1 'RPidf ^'fel3t •(f^i^K ^73ifiF?3II^T ATTISGARH AT B!LASPUR io.eo7%oo( Mr. Justice Dhirendra Mishral !a! Jaisvi/al, S.'o Late Shrj Bachauta! ai, aged about 50 yeara, R/o Near Petro! Pump, BaKharupara, )islt. Narayanpur, Di 5/> '-/ Sushi! mari Sushita, D/o Shrl Etwari,; ste, Gond, ag®dabout 19 ysars, VIHage- Godhbengat, Tahss rayanpur, Distt Bastsr (C.G.) singh, S/o Shri Lokuram, aged 26 year, R/o Kumharpara, rayanpur, DistS Bastar (C.G.) s Orientat tnsurance C-ompany Ltd., ijn Market, Jagdsipur, Distt. Bastar .^; i 1 /»u^d tt^s «ju(MWliciitt. -3? Shashank Sankhaya, Advocate for ^UDO ^ ^nn"^. '.^.wf f s^fl * *-^^^Ia'^?^1 ^y^^^L^ss^F i?. ^''^"il'^i^T Si^./laL'11^ Eto35'^. ing ven?cis ?f3cicf <?x Troii^y' osanny s'& CG17-G-0397 has preferred thls d '15.9.2006 passed jn Claim C-ase XI-HC—78 3"5eT -^ww^, W<S\V'IG, Rlcil'y^ *4Wrtt ~9KW "^ SIR^I W ft-ti* ^i^i sn^r ^I^R) sn^r W9; ('j^fgagtf) ^aiWdfCT aii^r No.195/05 by tea.med Motor Accidt •<vhereby a sum of Rs.95,000/- h; jnsurer of vehtcte has been exoN has been fastened upon the appel| , The only ground urged by two ctaim cases were filed arisino tribunals and CEaim Case No.SSi' award v/as !n fevour of thj upon the ov/ner, insurer & dri' iairn However, in the subsequent cl tribunal h-as dec'ded tssue No.3 ai insurance company by recordin$ being used by the driver and the (| Insurance poiicy condition and {!( Itabie for satisfying the award. Learned counseS for thel objection taken by the appellant and the issue in question had atta| 1 h-ave he-ard iearned coun^ The tribunaS has negated tf' findlng that in the earijer case Ul' evidence avai!ab!e on .-ecord in f insurance poiicy has been fited -a:^ on!y risk of driver of vehicie has| cha'tenged by way of cross-exarti beina used for other than agriculttii 'ntClaims Tribuna!, Bastar atJagdaipur 'fe been awarded to the claimant arid the i^rated from the liablllty and the !iability (ant-owner. (eamed .counse! for the appeltant is that out of same accident before the claims D4 w-as decided by the claims trlbunal; ^ claimant and the tiabiiity was fastened |'er of the vehicte jointiy & sevecally. c-ase by another claimant the iearned lalnst the owner and has exonerated the ^il^f<1<ft'F1 *1)*1?ff ^'fe^- <f^^R ^T <K*fa*i <MI$?I finding that the vehicie in question was wner ofthe said vehicle jn the breach of erefore, the insurance company is not the < sppeHant submits th-at the specific in this regard has not been considered |ned fina!ity between the parties. >1 forthe aDDe'lant. he objection of appeflant hy recording a ie matter was decided on the b-asis of haS c-ase, however, in the p.'esent case id from perusal of which it is evident that been covered, the same h-as not been lination by the owner. The vehicSe was ira! purpose for which it was not inoyred. XI-HG—78 ^3 'S^ -^ww^, •s-^v'ie, (sfirti+iy MINy!) *t^l* SII^T^! r<-«* WT<~~^T *NI* ^ "J' •v% an^?r iraw (ijeif'l'ic^w) ^(•(TI^R yfsa -^i^<i Therefore, on the of evideil has exonerated the insurance co| AdmittedJy, two separate| different claims tribuna!, the li evidence avaflabte on record in U the ciaims tribunal for rejectinl to be reasona-bie and j tnterference byth's Court. Therefore,, the appeal of | to be dlsmissed and it is itseff. tce avai'abfe on record the cfaims tnbtinal )hipany from the !labi!ity. Ifriate of cteims cases were held by two hatters were decided on the basis of |oth the and the reasoning given by I the objectton of the appe!!ant herein jiroper and the do not cal! for any Stil-tlfel'^jl^ 'RT^lf ^l^zl' <^K<c« ^3iRlT3I1^T he appejlant being devoid of any merit is lereby ctismissed at the admissjon stage Sdf- Dhirendra Mishra Judge