i.!..^;.^ ^•7\j »^s' '^""""'&'ngIaBench^($ m THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.NO. G^ / 2006 , Hari Shankar Pandey ^ S/o Late Hriday Narayan Pandey, Aged about 40 years R/o Near Laxmi Narayan Pond, Supela, Dist: Durg-(C.G.) —Fatherof the Deeeased- Appellant : j(Non - Applicant No.4) C <2.^2(Jn^£-n+J Versus Respondents (Claimant) ^- Non Applicant No. 1 (Non-Applicants) 2. ^ Non-Applicant No.2 ;3. ^ Non-Applicant No.3 4. Smt. Raj Kumari Pandey W/o Hari Shankar Pandey, Aged about 38 years, R/oHouseNo.15/5, Vasundhara Nagar, Bhilai-3, Dist: Durg-(C.G.) Present address : Mishra Bhav/an, K6hka Road, Bhilai. -—Motherof the Deceased— Anant Kumar Dewangan, S/o Shri D.R.Dewangan Aged about - Not Kno^m R/o Qr.No. 121/D, PjsaU Sector, Bhilai P.S. - Navai, Dist: Durg-(C.G.) -.—Qmnerof the Vehicle— Umesh Kumar Verma, S/o Shn G.P. Verma, Aged about - Not kno\vn, R/'o Qr.No.SO/D, Pdsali Sector, Bhilai, P.S. - Navai, Dist: Durg-(C.G.) —Driverof the Vehicle" The New India Assurance Company Limited, Registered and Head Office : 87, M.G.Road, Fort, Mumbai, DMsional Office : Bhilai, Through - The Branch Manager, The New India Assurance Compan^^ Limited, Prakash Bhawan, Station Road, Durg-(C.G.) -—Igisurerof the Vehicle- .MISC. APpEAL U/S 173 OF THE MOTOR VEHICLE.S ACT. __^^^__Abk^^-^—L—A-—"- ^ HI6H COURT OF CHHATTIS6ARH AT BILASPUR AMSC. APPEAL (O No. 04 of 2006 Hari Shankar Pdndey Vs. Smt. ftaj Kumari Pandey A three o-tihers Post for Order: S'.l2.2006 Sd/- Dilip Raosaheb DeshmiAh Judge s. ^ WIGH COURT OF CHHATTISGARH BILASPUR MISC. APPEAL (O No. 04/2006 Single Bench 2 Hon'bte Shri Dilip Raosaheb Deshmukh, J. Hari Shankar Pandey Versus Smt. Raj Kumari Pandey & lliree others Shri Honuman Prasad Agrawal, Counsel for the appeltant. OR & 6 K (Passed on ^ .12.2006) In a case of accidtental death of Kum-Chetana Pandey, a9ed about 16 years, upon an application filed by the mother-Smt. ftaj Kumari Pandey under Section 166 of the Motor Vehicles Act, the learned Motor Accidents Claims Tribunal, Durg allowed the fatiier Hari Shankar Pandey, the appellant herein to be acMed as a non- Gpplicount, However, while considering on epplication under Section 140 of the Motor Vehicles Act, the leamed M<A.C,T. awarded the entire amount of fts.50,000/- payable under the principle of "no fault liability' only to the mother to the exclusion of the cxppellant herein. Hence/ this Miscellaneous Appeal. 2. The respondent/claimGnt Smt. Raj Kumari Pandey and the owner, driver and the insurer of the vehicle which caused the accident have remained absent in this appeal despite service of noti<^ upon 1+iem. '/';u t 3. It is not disputed that the ap|»llantherein is Ihe father of 1+ie deceased. As her legal representative, the appellant is also entitled to compensation under Section 166 of the Motor Vehicles Act. The learned M.A.C.T. awarded the entire amount of Rs.50,000/" as compensation under Vio fault liability' oniy to the clotimant mother- Smt. Raj Kumari Pandey on the ground that she was the te^ representative of the deceased. Apparently, the impu9ned order is contrary to law since the appellont, bein9 the father of thc deceased was also entitled to an equal share in the compenaxtion. 4. In the result, this Miscellflineous Appeal succeeds. It is ordered that the amount of Rs.50,000/- payable under Section 140 of the Motor Vehicles Act as compensation under 'no fault liabilit/' shaSI be cxpportioned equally between the claimoOTt-Smt. Raj Kumari Pand&y and Hari Shankar Pandey, llie appellant herein. 5. With the aforesaid direction, this M.A. stands disposed of. Consequently. M.C.P.No.1339 of 2006 for stoy also stands disposed of. Sd/- Dilip Raosaheb Deshmukh Judge ^{