{4 IN I’E HIGH COURT OF JUDICATURE AT BILASPUR T Misc.Appeal W? 0f 2°05 givisimam ( Memorandum of Misc.Appea1 U/s 173 of M.V. Act ) APPELLMTs : g1 Mst. Saroj Bai W/o Himmat Ram occupation house wifer 2. Minor Ram Naresh s/o Late 1 years,through natural guarc‘xian ‘ mother Mst. Saroja Bai Wd/o Himat Ram Bhagat . Both resident 0f Village Rupdega( Bahma) 9.3. Tahsil Lailunga District Raigarh . LAIMANTS Bhagat. aged abeut 24 years / Himmat Ram Bhagat, aged about Ve rSuS ’spéNDENT : x ‘The United India Insurance Ce.Ltd §— In£ront oi Gopi Talkies, Raigarh ‘ Tahsil and District Raigarh a MEEJMRANDUM OF MISC.APPE:& UNDER SECTION 7173 OF MOTOR ~ VEHICLES ACT g ?W / HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON’BLE LM. QUDDUSI & HON’BLE MANINDRA M. SHRIVASTAVA, JJ M. A. No. 723 OF 2005 APPELLANTS Mst. Saroj Bai and anothcr Vs. RESPONDENT The United India Insurance Company Ltd. APPEAL UNDER 173 OF THE MOTOR VEHICLES ACT Mr. Sanjeev Bauerjee, counsel for the appellants Mr. Dashmth Gupta counsel for the respondent Per LM. QUDDUSI, J 1. This appeal has been tiled by the Claimants against impugned award dated 19.04.2005 passed by the IV Additional Motor Accident Claims Tn'bunal Raigarh (CG) in Claim Case No. 01/2005 dismissing the claim of the appellants. 2. Brief facts of the case as per the version of the claimants axe that deceased Himmatram Bhagat was the owner of Vehicle bearing Regn.No.C.G. 13-A/3904 and Trolley No.C.G.13- A/3903. On 01.06.2004, the said Tractor Trolley which was being driven by Himmatram himself in a rash and negligent manner, met with accident in which he suddenly came under me Tractor Trolley and died on the spot. Another person‘ Pait Ram who was sitting in the said Tractorfl‘rolley alongwith Himmauam also died in the said accident. At the time of accident, the deceased was aged about 30 years. He was earning Rs.5000/- per month by running the Tractor. The claimants being dependents/legal representatives of the -deceased have filed claim petition for the award of s ‘l ORDER pm) lzs.o4.2o11) X. “7‘" APPEARANCE: compensation to the tune of Rs.27,20,000/- on various heads. W 3. The Icarned Claims Tribunal hold that the ohending vehicle which was being driven by Himmatram in a rash and negligent manner met With accident in which he died and the claimants are not entitled to receive any compensation from the Insurance Company. 4. We have heard learned counsel for the parties and have also gone thmugh the mcords. 5. The owner himself was driving the Tractor~Trolley and it did not meet with accident by any other vehicle but during the course of his driving, the tractor-trolley turned turtle, he fell down and came under the said vehicle, as a result of which, he died on the spot. The Tribunal found the rash and negligent driving by the owner. It was also mentioned that no premium was paid covering the risk of the owner—cum- dliver and the owner-cum-driver cannot be termed as third party There is no scope of interference in the impugned award. ‘ i 6. Therefore, the appeal has no force. The same is liable to be and is dismissed. No order as to costs. -— A R Sd—/ Sdl- i i“ . \ l.M.Quddusi Judge Manindra Mohan Shrivastava; Judge :lr”" Rae