‘\ l\!BH a; IN TEE mai COURT OF JUDICATURE AT BIWPUR MISCELLEANOUS APPEAL NO: 173 OF UNDER SECTION APPELANTS AND CLAIMANTS. APPELLANTS/ IKSURER O!‘ 'I'l'm VEHIQE RON APPLICARTS §M§ OF 2002 MOTOR VEHICLE ACT 1988 :The National Insurance Company through its Divisional Manager/ Branch Manager, National Insurance Co. Ltd, Rajnandgoan/Bilaspury Dist. Bilaspur (CG) Budharam, S/o Dasru Kewat, aged about S5 yrs Shivwati, aged about 50 Years, W/o Budharam Kewat, Radhika Bai, Alias Ganga Bai, W/o Sant Ram Kewat, Aged about 19 years All Resident of Amlidih, Tehsil : Kairagarh, Dist. Rajnandgoan Chhattisgarh. Rm Kumar, S/o Lallu Ram Kewat, Lal Ashok Singh, S/o Chandra Bhan Singh, Neeraj Singh, S/o Alwant Singh, All three Resident of Chicholo, Tehsil : Khairagarh, Dist. Rajnandgoan Chhattisgarh. versus , a Being aggrieved against he awar/d passed by x Additional Motor Vehicle Cl ims Tri unalAWQVmm§ 1n ‘ clalm ' case no.- ll ofV - 2001 r 1n ‘ c se of "““ u ram” ' “Amt (mo //2// a and others Versua Ram Kumar a d Others, the Appellants named above begs to pr fer this appeal on following grounds. FACTS OF THE CASE XLHC—ZZ mm MoA$ NO. 32 WW uihnram Qhot OH‘e'Ys ' Wha—Nabw'ml lh$mztamwm i3 mw0wm €aazfawaném 0/2002 m mmmm 1 ‘2-2003 snri sanjay x. Agrawia1 with Shri Pra‘teek sinha.‘ Advocates for the appellant 1‘. Heard. led this path appeal against the award dated 4-1-2002 paesed by the/’Addl. Motor Vehicle claims Tribunal. Khairagarh: eagp. granting awara towards no fault liabi lity. The brief facts of e case are that an accident occurred 1n Tractor No. M and 1n the accident. one S claim. The death taken pla that owner and Insurance Company is liable to pay n This is not dispute accident; No fault liability place as a result of mtor has been fastened on the owner as well as Insurance company. f However, having considered the facts and circumtancefi of (the case and material on this Court. ends of Justice is given that the owner to to the effect that if it is \ The appellant has £1 o 7581 and Trolley No. MIT 7582 tram died. The claimants filed because of accident o The Tribunal has he ,e impugned order. \7 There is no infirmity in tr f au 1t liabilitya that the death has taken r? x record. in the opinion of will be served, if a direction furnish an indemnity bond . held that the Insurance [slew H XI~HC~22 W M.A. No. 320/2002 2% mm V7 ‘- N’wwafIhWmncaca‘ § taudhwmcmdcww ‘ Wan WW mm company is not liable, the awner will indemnify. ’ The Claims Tribunal hall also consider the WWW -2- mm0wm . $Wm questions raised while dec ing the am case evvwmr and will pass appropriate o ders regarding restitution s h from the owner, in caSe, an eventuality ariSes. The amount deposited under o fault liability be allowed to be withdrawn on furnish ng security by the claimant. lear that the Claims Tribunal %¢\I shall decide the caseégn It is however made W i wwm own merits in accordance. with law without being inf uenced by the findings recorded .WWt‘ The appeal is accor ingly disposed of. Certi£ied copy as p r rulesu V i Sdl- Fakhruddin \/ Judge