liriiiNn u^ Orvr IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH yit M.A. N0. |%)v/l/2004 APPEAL UNDER SECTION 173 OF MOTOR VEHICLE ACT 1988 \-^' CLAIM IN APPEAL VALUE AT RS. 10,92,000/- APPELLANTS RESPONDENTS 1 ^ ^ Srat. Janki Bai, W/o. Punirara Raj, aged about 47 years Oraprakash, S/o. Puniram Raj, aged about 25 years, Both Resident of Churtela P.S. 85 Tah. Dabhra Distt. - Janjgir Charapa (C.G.) VERSUS Puniram Raj, S/o. Samme Singh Raj aged about 54 years, Occupation - Tractor owner TractorNo. 35 H.P.C.G. H/A 1975 SE Trolly No. 35 H.C.G ^ tl/A-1958 Belhan, S/o. Teku Caste Gond aged about 60 years, Occupation - Agriculture and Joint Tractejri Owner, Both Resident of Village - Churtela, P.S. & tahsil - Dabhra, District - Janjgir - Champa (G.G.) Bhrigunand Yadav, S/o. Lakhanlal Yadav, aged about 22 years, Occupation-Driver | Resident of Village - Churteta, P.S. 85 tahsil - Dabhra, ^Dlstn(|:t| ^- killlU 4.I Janjgir - Champa (C.G.) The Oriental Insurance Corupany Liraited, head Office Oriental House A- 25/27 AsafAU Road NewDelhi- 11002 Through The Oriental Insurance Company Limited Sadar Bazar, Raigarh (C.G.) i-;ai^ "g / '"^ t^y^' /^? ^£3S5S<^?> ^ HIGH COURT OFCHHATTISGARH AT BILASPUR D.B.: Hon'ble Shri Justice I.IVLQuddysland Hon'b!e ShriJustice Prashant Kumar Mishra Miscellaneous Appeal No.1214 of 2004 Appellants versus Respondents Smt. Janki Bai and another Puniram Raj and others Present: Smt. Hamida Siddique, counsel for the appellants. Shri S.L.Chandra, counsel for respondent No.3. Shri Sudhir Agrawal, counsel for respondent No.4. MiscellarLeoiJs Appeal _ynder Section 1 73 of the Motor Vehicles Act, 1988 ORAL ORDER (Passed or. 9th December, 2010) Per I.M. Quddusi, J.: Heard. 2. Thisappeal has been filed by the claimants against fh;e impugned award dated 24-9-2004 passed by the Additional Moitor Accidents Claims Tribunal, Sakti (henceforth 'the Claims Tribunal') in Claim Case No. 15/2004, whereby the claimants' claim has beeh dismissed. 3. A claim was preferred by the appellants/claimants against the respondents before the Claims Tribunal under Section 166 ofthe Motor Vehicles Act, 1988stating that on 2-11-2003, when traetor st."%, ^-.••'•'-^' •^ ^ bearing registration No.CG 11 A 1957 and trolley bearing registration No.CG 11 A 1958 was being driven by respondent No.3 Bhrigunand Yadav, the deceased Pradeep Kumar was sitting on the mudguard of the tractor. The tractor and trolley was bejng driven in rash and negligent manner, therefore, an accident took place, in which Pradeep Kumar died. The deceased Pradeep Kumar was son of appellant/claimant No.1 and brother of appellant/claimant No.2. He was aged about 17 years. Respondents No.1 and 2 are the owners of the tractor and trolley and respondent No.4 is the insurer of the said vehicle. 4. The claim of the claimants was dismissed by the Claims Tribunal holding that respondent No.3 Bhrigunand Yadav was not having a valid and effective driving licence to drive the vehicle. It was also held by the Claims Tribunal that as there was breach of conditions of insurance policy, the insurer of the tractor and trolley was not liable to pay compensation. Being aggrieved by the dismissal of their entire claim, the claimants have preferred the instant appeal. i 5. We have heard learned counsel appearing forthe parties. We have also perused the record of the Claims Tribunal. The driver of the tractor and trolley respondent No.3 Bhrigunand Yadav has appeared in the witness-box as non-claimants' witness No.2 and stated that he was not having a valid and effective driving licence to drive the tractor. The deceased was sitting on the mudguard and the persons, except the driver, were not covered under the iS:.£iiiE!i>i;;3ti^iwwe^titi insurance policy, therefore, the insurance company is not liable to pay compensation. 6. In view of the above, we have found no ground to interfere in the impugned award. Thus, the miscellaneous appeat fails and is hereby dismissed. There shall be noorder as to costs. Sd/- I.-M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge ;Gopal ll.,j..,U.i,.:i inL'- :--*-t - "**" -lkr-r-ff>t^'-JTdn-im^u