® COURT OF JUDICATURE CHHATTSSGARH : BsLASPUE iLi HON'i NON-APPUi 1. Sanjav Kumar S/o. Keshav Bhai Gujrati, aged about 25 years, R/o. Karanja Bhilai, Chowki - Javra Tah. & Distt. Durg (CG). 2. Sharda Bai, C/o. Sanjay Kumar R/o. Karanja Bhi'ai, Chowki Javra, The & Disti. Durg (CG) Versus 1. Uttra Bai W/o. Manharan ased about 30 years 2. Ku. Pushpa Ba! D/o. Manharan aged 11 years, 3. Ku. Toman D/o. Manharan 4. Hemiata D/o. Manharan aged 4 ysars. 5. Domeshwar D/o. Manharan aaed 1 iar. Present: Shri Avinash Mishra, iearned counsei for the appeiiants. Smt. Fouzia Mirza, learned counsei for respondents 1 to ;Passed on 2: ind The foilowina orai order of the Court was passed bv l-'-;-! fi-S^ !n this appeal preferred by the owner and the driver of the motor vehicie invoived in the accident, the on!y contention urged by learned counsei for- the appeiiants is that the MACT was not justified in fastening the liability to pay compensation on the appeilants, because; the accident took p!ace not on account of any aefionabSe negiigence on the part of the drlver of the motor vehicle owned by the first appeiiant, but, due to rash and negligent driving of the deceased himself. tf was contended iilSBia1 -2-- that the deceased was drunk and he caused the accident due to his own neai'flence. (2) We have perused the impugned award. Though in the v.?ritten statemsnts filed by the appeliants it was contended that the deceased was drunk, that plea is not proved by examining the Doctor who conducted the post mortem. Simply because, the post mortem wouid indicate that there was alcoholic smell, only on that basis and wlthout anything further and corroborating evldence, the Court wouid not be lustified in concludina that the deceased himself was responsibie for causing the accident. Therefore, it cannot be said that the factuai findlng recorded by the MACT after conduct of the trial on a factual issue is perverse for want of legai evidence. No other point was urged before us. T'ne appeai is devoid of merit and it is accordingly dismissed. Sd/- Chsef Justice Sdf- Dilip Raosaheb Deshmukh Judge ;H!Wg