IN THE HIGH COURT OF CHHATTISGARH A I BILASPUR M.A.( C) N0. 3 /09 1^1 APPELLANT/ ^RESPONDENT No, 3 ^^^ ^^ Versus ^ESPONDENTS/APPLICANTS •^ ^ ^' ^ ^ The Oriental Insurance Co., Ltd. Through Divisional Manager, Divisional Office-I, Madina Building, Jail Road, Raipur, District. Raipur. ^. Smt. Shakuntala Tiwari, Aged about 40 years wife Late Shri Ghanshyam Tiwari. 2. Kanti Tiwari, Aged Aged about 20 years S/0 Shri C.hnnshynm Tiwari. /3. Ku. Lokashwari Tiwari Aged about 20 years, Daughter of Late Shri Ghanshyam Tiwari >t. Sunil Tiwari Aged about 18 years S/o Late Shri Ghanshyam Tiwari All are resident ol'Gram Birkoni, Post Office Birkoni, Thana Thasil & ^' District Mahasamund (C.G.) ,5. Sunder Lal Sahu Aged about 45 years S/o Late Shri Vishnu Sahu Resident of Gram Loharashi Thana Arjuni, District Dhamtri (C.G.) (Driver of Vehicle No.Truck No. CG 05 ZC 0219) 6,. Kamlesh Rao S/o Shri Dinker Rao, Resident of Marathapara, Dhamtri, District Dhamtri (C.G.) (Registered owner of The Truck No. CG 05 ZC 0219) w^' CMISC APPEAL U/S 173 OF THE MOTOR VEHICLE ACT 1988) ^ (Appeal valued Rs. 9,64,048 (Rs. Nine lakh sixty four thousand and forty eight only) ^SD ^' ^ HIGH COURT OF CHHATTISGARH. BILASPUR CORAM: Hon'ble Shri I.M. Quddusi, J. & Hon'Me Shri Prashant Kumar Mishra. J. MAfClNo. 1413 of 2009 APPELLANT The Oriental InsuranceCo. Ltri. Versus RESPONDENTS Smt Shakuntata Tiwari and others. Smt. Chitra Shrivastava, counsel for the appellant. ORALORDER (16/03/2011) Foltowng oral order of the Court was passed by LM.Quddusi.J. Heard. (2) This appeal has beenfiled against the jmpygnecl order dated 12^8/2009 passed by the Chief Motor Accident Ctaims Trit?unal. Mahasamund (C.G.) in Claim Case No. 30/2009. (3) Brief facls of the casei, as perthe vereion of the clgiinnante^ 9r®that the claimants are widow. daughter and §ori§<)(tt»diece^ed 0(iiin^tiyam Tiwari. On 21/01/2009 at about 10:30 a.m. deceased WQS going from Dhamtari to Mahasamund in his motorcyde. As soon as he reached near Puri bridge tuming. N.H. 43, fruck bearing registration No. C.G. 05 ZC 0219 coming from front side being driven rashly and negligenfly by non- applicant No.1 dashed Ghanshyam Tiwari as a result of which he died on the spot Deceased was aged about 40 years. He was workjng as Reld Officer in Gandhi Krishi Kendra and used to ©amRs.10.000/- per month. Claimants have claimed compensation of Rs. 28.50.000/-. (4) Leamed counsel for the appellant has raised only one contention which is to the effect that the offending vehicte No. C.G.05 ZC 0219 was not having fitness certifteate at the time of accident. /;^ 1--^"%, 1 :rw",?.,,, g ^5^yl (5) She however admitted that this ptea was not spe^caUyjaised before the Tribunal. (6) We have perused the written ^atementflled on behalf of the insurance Company and found that no such ple? has been taken. The vehicte was granted Goods Carriage Permit which was issued on 11/11/2008 and was effective from 12/11/2008 to 11/11/2013. Th^ pennit could not have been issued without having a fitness certificate. The particulars must have been availabte on the record of th<9 Regional Transport Authorify (R.T.A.) Raipur. The fftness remained valid for one year. The vehfcte was transferred in the name of the owner of the yehtete on 29/08/2008. Tlie dato of accklent Js 21/01/2009 i.e. within two months from the date of issue of permit. therefore tt cannot be said that the offending vehicte was not haw'ng a fitness certificate on tiw date of accident ^specially when the permitwas issuecl just before one monthanet twenty days from the date of accjdent. Anyhow this ptea was not taken before the Claims Tribunal and no witness was produced by the appejlarrt in this regard, therefore it is not open for the appellant to raise this plea for the first time before thls Court in appeal. No other point has been raised. (7) In view of theabove. this appeal has no fbrce and is therefore dismissed. ^2- Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge v^