IN THE HIGH COURT JUDICATURE AT BILASPUR Misc. Appeal (c) No. \ OF 2008 APPELLANT (Insurer) A ^ ...•-/^"^ .'y~ A' Vs RESPONDENTS ^J DRIVER OF VEHICLE OWNER OF THE VEHICLE The Oriental Insurance Company Limited, through The Divisional Manager Oriental insurance co. Korba Geetanjli Bhawan Main road korba (C.G.) 1, Bhagatram S/o Kartikram, aged 30 years cast- Kalga Occupation Agriculture labour R/o Village Milupara Th. Gharghoda District Raigarh C.G. 2. Minor Lokram S/o Bhagatram Cast Kalga aged 8 years. 3. Minor Dhaneshwari D/oBhagatram Cast Kalga Aged 5 years. Rcspondent No. 2 and 3 are through therc father Bhagatram S/o Kartikram, aged 30 years cast- Kalga Occupation Agriculture labour R/o Village Milupara Th. Gharghoda District Raigarh C.G. 4. Narendra S/o Bhagatram Cast- Aghariya Aged 40 years Occupation Agriculture R/o Village Madwadumar, Post Office Milupara Th. Gharghoda, District -Raigarth. S.Bhagirathi S/o Bhagatram © Agcd-"- years , Occupation Agriculture R/o Village Madwadumar, Post Office Milupara Th. Gharghoda, District -Raigarth. 6.Ram Kumar S/o Bhagatram Aged--- years , Occupafion Agriculture R/o Village Madwadumar, Post Qffice Milupara Th. Gharghoda, District Raigarth. APPEAL U/S 173 OF THE MOTOR VEHICJ.ES ACT AGAINST THE AWARD/ORDER DATED^l. 12.2b07)PASSED BY THE 3rd ^TTPPER MOTOR ACCIDENT CLATMTRIBUNAL (FTC) ^AIGARfI^C.G., IN C.T.N0.47/2007 PRESIDED OVER BY SHRI N.K.S. THAKUR. Appeal valued at Rs. 3,68,600/- & Court Fee affixed Rs.15/- k r^sy-j r •"2"-%,.\ 1 '-^^s,^ "\:^ ^ COURT OF CHHATTSSGARH. BJLASPUR CORA?^: Hon'bleShri LM. Quddusi, J. & Hon?bSe Shri Prashant Kumar IV1ishra,_J., APPELLANT RESPONDENTS §VIA(aNo. 1087 of 2008 The Orienta! insurance Company Li'mited. Versus Bhagatram and others. Appearance: Shri Ghanshyam Patel, counsei for the appeijant. Shri H.S. Patei, counsel for the respondents No. 4 to 6. ORAL (99/'03/2011) Foliowing oral order of the Court was passed by !. M. QuddusS, J. 1. This appeal has been filed against the jmpugned award dated 28/12/2007 passed by the ill AdditionaJ Motor Accident Claims Tribuna! (F.T.C-). Raigarh (C.G.) in Claim Case No. 47/2007 by the Orienta! Insurance Company Limited/appe!!ant against fjxing of ijability upon the appeliant for payment of compensation the fact that there was breach of policy condition. 2. Brief of the case, as per the version of the clalmants, are that are husband, minor son and minor daughter of dsceased Kantibai. On 04/01/2006 deceased K-antibaj, aiong wlth other persons was retuming to their house after cQmpleting iabour work, in tractor bearing registration No. M.P.55 M/0076 wlth troliey bearing registration No. M.P. 55 M/0077. When they reached near viilage Kodkei Bokra Ghati Lok due to rash and driving of the tractor by non-applicant No.1 Narendra, Kantibai fei! down and was crushed under wheets ofth®tractor troltey and she died on the spot. She was about ^" 26 years and used to earn Rs.2,400/- per month. Cialmants have daimed compensation of Rs.8.01,000^-. 3 . We have perused the Lower Court Record and found that though the insurance Company' insured the tractor under Kisan Package Policy but the risk of the occupants of tbe tractor inciuding iabourers werenot covered In any way. There was oniy one seat meant for driver and no other sitting capacity was avaiiabls. Therefore, in our opinion, the Insurance Company has wrongly been heid for payment of compensation to the ciaimants. 4. in view of the above, the Is ailowed In part. The Impugned o-rder is modified to the e:4ent that the Insurance Company/appellant Is exoneratecS from Its ijabitity of payment of compensatlon to the claimants. however the ciaim-ants wii! be at Hberty to realize the amount of compensation from the owner ofthe yehicie. 5. No order as to c-osts. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge ^