R;?-ii!i;3S:SB s^'^'^'::^K:ig^^ s^^;i:5<!°'!ta IN THE HIGH COURT OF JUDICATURE CHHATTISGAteH AT BILASPUR M.A.NO. /^y / 2005 Division Bencl Appellants :. 1. Smt.Sampatti Bai (Claimants) , Wd/o Late Baldev, < Aged about 30 years 2. Ku.Kamleshwari D/o Late Baldev, Aged about 15 years 3. Ku.Dhanmati, D/o Late Baldev, Aged about 12 years 4. Ku.Pramila, D/o Late Baldev, Aged about 8 years 5. Ku.Gayatri, D/o Late Baldev, Aged about 6 years Appellant no.2 to 5 are minors through mother and natural guardiaa appellant no. 1 Smt.Sampatti Bai. 6. Smt.Vimla Wd/o Late Bodka, Aged about 60 years, All R/o ViUage Barda, Tehsil - Bakawand, Dist: Bastar-(C.G.) cf §y <?'JJ Versus Resoondents (Non Applicant) Pardeshi Ram Sahu S/o Puneet Ram Sahu, Forester, R/o Bhattipara Bastar, At present forest office Bakawaad, Dist : Bastar- (C.G.) Ghasiya S/o Madavram Head Messenger StateBankofIndia Branch Bakawand, Dist: Bastar-(C.G.) The Oriental Insurance Company Ltd., Main Road, Sadar Bazar, Jagdalpur, Dist: Bastar-(C.G.) ^' (2)_ MISC.APPEAL U/S 173 OF* THE MOTOR VEHICLES ACT Claim In AppeaJ valued at Fixed court fees paid at Rs.il,05,000.00 Rs. 15.00 Arising out of award dated 25.'07.2005 passed by M.A.C.T. Bastar at Jagdalpur in Claim Case No.211 / 2003. £-t^, tf~MA >.'" t\G @' HIGH CQURT 01' CHHAmSGARH : BILASPUR M^A.No. 1034 of 2005 Appellants Smt. Sampatti Bai 8s others Versus Respondents Pardeshi Rain Sahu Ss, others APPEAL UNDER SECTION 173 DF THE MOTOR VEHICLES ACT, 1988 DB: Hontile Shri I. M. Quddusi 8s Honlsle Shri Justice N. K. Agarwal, JJ Shri Santosh Bharat, Advocate for the appellants. Shri Subhash Yadav, Advocate for the respondent No.l. Shri Akhilesh Mishra, Advocate for the respondent No.2. Shri Raj Awasthi, Advocate for the respondent No.3. ORDEILfQrall ( Passed on this 3rd day of December, 2010 ) Per I. M.'Quddusi, J. 1. This appeal has been filed by the appellants/clairaants against the impugned award dated 25.7.2005, passed by the Motor Accident Claims Tribunal, Baster, Jagdalpur in Claim Case No. 211/2003, dismissing the claim petition. 2. We have heard learned counsel appearing for the parties and perused the lower Court record as well as the findings given in the impugned award. 3. Brief facts, in nutshell, are that the appellants/claimants had filed a claim case under Section 166 read with Section 140 ofthe Motor Vehicles Act, 1988 for..a.ward of compensation on the ground that they are legal heii-s/dependents of deceased Baldev S/o Bodka, who died in an accident on 19.3.2003, According to the claimants on 19.3.2003 at 4.30 p.m. deceased Baldev was going on Rajnagar .^'^.?'<'"•'* '"'^t^ Ba:r!':i"" % main road by Rajdoot motorcycle, bearing registration No. M.P. 25-A/2271, which belong to the non-applicant No.2 (Ghasia). At that time the non-applicant No.l ( Pardeshi Ram Sahu) while driving the Hero Puck, bearing regista-ation No. C.G. 17-ZE/4176, in a rash and negligent manner hit the motorcycle, which was being driven by the deceased. As a result of the accident Baldev died on the spot. The inatter was reported in the police chowky Bakawand and the offence was registered at Crime No. 43/2003. Leamed Tribunal by the impugned award dismissed the claim of the claiinants on the ground that deceased Baldev hiraself was negligent, however, he was having the effective and valid drivinj licence and the vehicle was insured by the Oriental Insurance Company. Having regard to the facts situation we are of the opinion that even if the claim petition has been dismissed by the Tribunal, the appellants are entitled to compensation under the head of 'no fault liability' as per the provisions of Section 140 (4) of the Motor Vehicles Act, 1988. In view of the above, we allow this appeal in part. The appellants are entitled to get a compensation of Rs. 50,000/- (Fifty Thousand) towards no fault liability from the Insurance Company/respondent No.3. The amount of compensation shall carry interest at the rate of 6% from the date of filing of the claim / - ' • petition i.e. 17.6.2003. No order as to costs. Sd4-~- r.M. Quddusi Judge Sd/- N.K. Agrawal Judge Thalcur '-!^^n:sSW!3^3^SSW.