F~T—T~TTT'."i""!' Vs RESPONDENTS (Clalmants) y ^ IN THE HI6H COURT OF JUDICATURE AT BILASPUR MISC. APPEAL (C) N0. l ^1 ^_ /2Q07 Dfeis APPELLANT: The Oriental Insurance (Insurer) ^, , . . Company Limited, through its Divisional Mana9er', Korba. 1. Sudha Singh, widow of Late Kapll Singh, aged about 25 years. 2. Sanjeev Kumar Singh, son of Late Kapil Sin9h, aged about 8 years, Minor, through natural guardian mother-appellant No.l-Smt. Sudha Sing, widow of Late Kapil Singh. 3. Injoriya Singh, widow of Late Kamla Prasad Sin9h, aged about 50 years. 4. Lileshwar Singh, , son of ixj*.?6-"'. Late Kamla'"Singh, aged about 21 years. No.l to 4 are 6ond by caste and residents of Village Chandarpur, P.S. & District Sur'ajpur, District Sargujd. 5. Rajkumar' Singh, son of Dhansai Singh, aged about 28 years. 6. Narayan Singh, son of Ramdhan, aged about 80 years. EA' 5 y Si s:i li 'tsiSii ^ •^ "• r'-''i ^"' Driver of vehicle Owner of vehicle y^A0^---^ °••Ko--:^::;."6w^.mft^ ^ws^^-- •r si No.5" <& € are Gond by caste and residents of Village Chandarpur, P.S. & District Surajpur, District Sarguja (C.6.) MISCELLEANOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT. 1988 A6AINST THE AWARD &ATED 19.7.2007'PASSEb BY 2Nb ADDITIONAL MOTOR ACCI&ENT CLAIMS TRIBUNAL (F.T.C.). SURAJPUR PRESIbED OVER BY SHRI RAJESH SHRIVASTAVA IN MOTOR CLAIM N0.48/2006, - HI6H COURT Of- CHHATTI56ARH AT i-!\^ &iysS r - — spEfc 'S* A5 'ist6 Be-ks.E—Se-s> •<? he Unental insurance C-ompany Limited ludha Sinali (S.others rr^S^lit; AAr. A'o'n's "j -t-i The i'nr. J..3. .iiqarwai, .'tavocaTe Tor Tne reSDonaenTs No.l To 4. n M D, •if'.t , -wl, E ';Si 1 4-1-. ^ I^. ^ J;. ^. a ii-SjCipSATi^, r'k O ,?'.,?€•C^TS TQi TiiS sS3pOtiQ£?HT P°s0a^ ^ O, <DtK (Urao -".?E.th A. - M . c.Jt'ddti^l ! he aoDel'ant-lnsurance fcomoa'iy has t'led thss miscelloneous aDOeai naainst the imouoned awerd dated 19.7.2007 cassed bv fhe learnad 7"a Addi+iciQ! Motor Acc'dent C.iaims inbunnl, (FTC), 5urqjpur, DiS+ricT Surgma ICG] (tor brevsty the C.iaims ! nbunal') in Clalm Case No,48/Z006 ollowinq the claim DBtst'on ot th©ci-ciimant^/r^SDorKdents Ne',1 to 4 hsrein ond 'f'QStsnitio iiabitity on the aDDeilant-Insurance Comoany to satisfv the irnDuaned award. 'd. t"'CiCTS Ot th@ CQ^g. in br^t. £IPE: afternoon u'hen the deceased Kaoit Sinah u'as aoina towards his aaricultural t'e!d, af thiit tirae a tractor. due to rash and nealiaent drivino by its driver. turned turtie and the deceased »vas pressed under it, sustajned qrievous iri!urs®^snd ct!©d^/hile uridcrQoitiQ treatnient. i?inc®at Thc reisvQnt tiriig' the said vehlcle was driven. owned and ihsured by the resoondents No.5. 6 and the aDDeltant herein resn'ectiveSy. theretore the clalmants have tiied a claim aoDlication imDleadsng them as nori-aDDlicants ond claimed compensation to The tune ot Rs.12.09.356/- under various heads on fhe ( qround that the deceassd was the onlv earnina member sn the fsmilv and th$;y wofs deD-sndsnt on hi^ .€oi"niiiQS. •S, Learned C'iaims ! nbuna!, atfer considennq the issues tromed by it and also ttie evidence brouqht on recoi-d bythe DarTies. al'owed the ciaim aDDlication J of The claimants and awarded a comDensation of Rs.4,52,080/- alonq it'ith interest (£> 97e D.O and saddied the aDOellant-lnsurance C.ornpany with The liability ot oavina the amount invalved in tlie r'nDi 1-, LSQF'HCd SiTTina caDaciTv ot Tne vehicle-in-auestion is only one. whereas as oer docurnents availabie on record three oersons. inciudina the deceased. who himselt was dnvinia the vehicle. were Tr'aveiino in the tractor in auestion. He turther subrnits thot the tact reo.ardina drivino. ot vehicie bv the deceased himselt Tinds cor'roboration trom The statement ot Dharrnendra K.umar .bhandiiya (AW-iij who ha^'^toted in h@r stotemcnt thst the vshicls M/G'S bssiiQ dnvcn by thc dsceased himselt, However- the Ciaims Inbuna! withoyt consideriiig the aforesaid a'SDect of the matter tastensd ths Habilitv on the appeilant insurance 5. 'On the other hand. learned counse! tor The resoondents have supDorted Tiie 6. We have heard learned counsel tor the oarties and perused the records ot ths Ciajms Tribunal as afso the 7. So far as the arqument of learned counsei tor The appe!lant thot The deceased hlmselt wos drivina the tractor-in-guestion is concerned, the respondent Mo.5 herein i.e. driver ot ottending vehide, appeored in the witness box and stated that he was emDloyed ns dnver bv resDondent No.& and on the date of accident he was drivinq the offendinq vehicle. He has turther stated that he was orrested by the Police in connection witii the said accident also. He has also tiied lthe oriqinal as also pliotocopy oT the drjvjna Hcence. Thus. in view ot the admissiori on the Dwt ot respondent No,5. u/e find no force in the aro.umerit of tearned counsel for the appeilant That the deceased hlmselt was drlvina the otTendiriq veliicie. 8, So far as the statei7!ent of Dharmendr'a Shandilya (Ayt'-Z) is coneerned, he hcs infact stated that he reached to The SDot later on. Me lias turther stated that thouah he has sianed the Danchavatnama but the contents "arrated bv him were based on the intormatiori gtven to him by some oti-ier oer'sons who were oresent on 't'ne spot ^. and as such. evidence ot insurance ComDany. ily on the basis ot evidence ot this witness it eased was travetina in the traetor in suestion 'his witness is ot no heiD to the aDDeliant- Since the learned counse' Tor the a abie to moKe out a ar'ound based Trndings ot the C.ia'ms ! nbunai QI are oT the oomion tliat the instant bs o.nd is h€T@bvdisnii^'s'isd ppeliant-lnsurance C'omDany has not been 1 wh'ch this L'ourT could mtertere 'n tiie m the imougned award. therel'ore. we aooea! iias no torce. the some is iiable to Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge