s^ IN THE HIGH COURT OP CHHATTISGARH AT BILASPUR IN THE MATTER OF 1. Jitendra Kumar Wasan, Aged 41 years, S/0 Devraj Wasan, R/0 J.K-House, Kosabadi Colony, Korba, District Korba (C.G.) (Owner) Versus M.A. No. \2006 Appellant/ Non-Applicant //-..- "^ l./Kailhi Bai, Aged about 42 years, <' W/0 Late Mohit Ram, 2. Sainund Bai, Aged about 25 years, '/ D/0 Late Mohit Ram, 3. Sumitra Bai, Aged 23 years, ^.- D/0 Late Mohit Ram, 4. Uinmed Ram Aged 19 years, ^' S/0 Late Mohit Ram, 5. Ramayan Aged 16 years "^/ S/0 Late Mohit Ram, All Residents ofVillage: Saraipali, Post: Umreli, Tahsil: Kartala District: Korba (C.G.) L** "?*»<<\.<_6. Pirat Ram Aged about 42 years, ', T S/ODhansai R/0 Bhawarkhol, Post Office: Karainara, Tahsil: Kartala District: Korba (C.G.) (Driver) .*'. "7, New India Assurance Co. Ltd. -/ Through Branch Manager, Branch Office Traasport Nagar, Korba, District: Korba (Chhattisgarh) ^y \ }--'^.-v .-• /^w"" /''ri<?''<kS-/. ^y i^/ Respondents / Applicants Respondents/ Non-applicants Contd.2 1 "l^ ^ APPEAL UNDERSECTION f73 OF THE MQTOR VEHICLE ACTJ9S8 ARISING OUT OF THE ORDER DATED 24^02.2006 PASSED^BY SHRI G. F-<' K. MISHRA, MEMBER;"ADDITIONAL MOTOR ACaDENT CLAI&K TRIBUNAL. KORBA IN CLAIM CASE N0 151/2003. iCT^ESPECTFULLY SHOWETH: - :,:'f^. : €•' %i KE6H COURT OF CHHATT1S6AW AT BILASPUR M.A. No. 784 of 2006 Appetlont Jitendra famar Wasan Versus Respondents Kailhi Baj Aothers Single Bench: Hon'ble Mr. Justice Satish K. Agnihotri. Present: 5hri Mukesh Sharma, Advocate for the appellant. Shri Sourabh ^iarma, Advocate for the pespondent No. 7. ORDER (,1st December, 2006) 1. Lsarned counsel appearing for the dppellant submits that the accident in dispute had taken place on 13.5.1990 and at that tirne 'no fauit liabili-ty' was to the tune of Rs. 25.000/-. Thereafter, by amendment dated 14.11.1994, the 'no fault tiability' amount was enhanced to Rs. 50,000/-. 2. Learned counsel further submits that the owner of the vehicle is not liable to pay the 'no fault liability' as the vehicle was covered under the insurance policy. Even otherwise, since the - accident had taken place befors 14.11.1994, the amountpayable towards 'no foult liability' connot be more than Rs. 25,(%50/-. 3 . Be that as it may, by order dated 11.8.2006 passed by this Court, the appeliant had already deposited a sum of Rs. 25,000/-. The said amount be disbursed to the claimants. r£'..^:q The Additional Motor Accident Claims Tribunat, Korba is directed to consider the issue raised by the appeltant, asto tuho is liabte to make payment of 'no foult liability', and what would be the 'no foujlt liability' after hearing atl +he concerned parties ond recording evidence. 4. In view of the above, the oppeal is allowed and tiie mdtt'er is remitted back to the Additiona! Motor Accident Claims Tribunal, Korba for decision on the issue stated above. No order as to Costs. Subhash Sd/- SatishK.Agnihotri Judge