IN THE HIGH COURT OF CHHATTISGT^H AT BILASPUR M.A. No. Ml/2005 Dhyisio!? Ben^ I^^L———:--— y Bifaiya^ W/o. Bodhan, Caste- Harijan, Aged about 50 years, Occupation Housewife, R/o. Village Kuruwan, P.S. Jainagar, Tahsil Surajpur, District Surguja (C.G.) ^' o^7" RESPONDENTS /CLAIMANTS VERSUS ^!^^ ^^ 2?^>"¥^¥ n. <? -/.^', ^/ ^',?/ ^' Sukul Ram, S/o. Potga Ram, Caste-Urawn, Aged about 32 years, Occupation-Driver, R/o. Village Balampur/ P.S. Sitapur, District Surguja (C.G.) (DRIVER) 2.^, Bhagwati Prasad Tiwari, / Kan-ti Prasad Tiwari, Aged S/o. Kan-ti Prasad about 45 years, Occupation- Agriculture & Business, R/o. Village Jarhi, Post Bhatgaon Colliery, Tahsil Pratappur, District Surguja (C.G.) (OWNER) ^3 Company The Oriental Insurance Limited, Through Branch Manager, Branch Office-Sadar Road, Near S.B.I. Ainbikapur, District Surguja (C.G.) (INSURER) ^^:^^^"1—»^^^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A . No. /^l3?/2005 D^ision Ben<?h ^N APPELLANT CJAIMANT ..^^1 '$? ^ RESPONDENTS /CLAIMANTS ^ !^ ^ ^/^^v /'3W^J lU) ®2haoi»w<3^ Stffta aswaX Sai» 23/b ©a &^B Ikged a&@ttf- 55 'feays^ i@<?ca^aN^®®-'8@^«^wi.fe» R/O Mra<3ils, PoS, ir^aa.t3S>, Ti^sil Stt-2-ajpar, Mstrle^ Sar^ij:a ,N«G.<)» <®)iiaXJt s^'aaiii &a»».^aste - »atilas» Ag@Q aNwt 50 ye^^rs.^ l>cG^atAoil^<?xA<3%2.t»^e^ ^/b "village Stearoaa^ Tgtesil Seiralpsty» Mstrlct Sara^ja <€*G«)» VERSUS Sukul Ram, S/o. Potga Ram, Caste-Urawn, Aged about 32 years, Occupation-Driver, R/o. Village Balampur, P.S. Sitapur, District Surguja (C.G.) (DRIVER) 2.^, Bhagwati Prasad Tiwari, S/o. Kanti Prasad Tiwari, Aged about 45 years, Occupation- Agriculture & Business, R/o. Village Jarhi, Post Bhatgaon Colliery, Tahsil Pratappur, District Surguja (C.G.) (OWNER) -'^.^<-. ^3. The Oriental Insurance Company Limited, Through Branch Manager, Branch Office-Sadar Road, Near S.B.I. Ambikapur, District Surguja (C.G.) (INSURER) APPE2M. U/S. 173 OF MOTOR VEHICLE ACT !f 1 •^•^ ^ HIGH COURT OP CHHATTISGA^H, BILASPUR DB: HON*BLB I.M. QUDDU8I & PRA8HANT KUMAR MI8HRA, JJ, M. A No. 1013 OF 2005 Vs. MISC. APPBALS U/S 173 OF THB MOTOR VBHICLBS ACT, 1988 APPEARANCE: Mr. Ataau Ghosh, counsel for the appeUant. Mr. Sudhir Agrawal, counsel for respondent No.3. ORDBR (ORALl (09.12.2010) Per I.M. QUDDU8I. J. 1. This appeal has been filed by fhe owner of fhe vehicle m question chaUenging the award dated 27.04.2005 passed by the II Addl. Motor Accident Clamis Tribunal, Surajpur, Distt. Surguja (C.G) ia Claun Case No,8/2004 dismissiag the claun petition. 2. At fhe very outset it is to be xnentioned fhat fhe appeUant Bifaiya was laarried daughter offhe deceased. EarUer, son of deceased namely Lalji has filed claim petition which was dismissed. In fhe iastaat case, fhe appellaat caiuiot be said to be dependent bf fhe deceased as at the inost she is dependent upon her husbaad. 3. Brief facts of ftie case as per fhe version of the clainiaats are that on 15.03.1995 at about 3 p.m., deceased Phulbasia Bai APPELLANT8 Diihani aad another RBSPONDENTS Sukul Ram aad ofhers ,.....:-% ^ / ^^-v' ^ ^'.^^"" |)UMiiwn(i 4. was going to Surajpur Bajar aad at fhat time, one Bus bearing Regn. No. C.I.L. 8058 which was bemg driven by Sukuh-am/ respondent no. 1 ia a rash and negUgent nianner dashed fhe deceased, as a result of which, she sustamedgrievous iajunes. She was admitted ia Gtovt. Hospitals in Surajpur & Ambikaptir aad dunng the coiirse of treatoient she died. The deceased was aged about 65 years aad was earmng Rs.5000/- per aanum. The claimaat Bifaiya has filed claim petition claimiag to fhe tune of Rs. 15 lakhs on vadous heads. The Tribunal has framed fhe issue as to whether deceased Phulbasia died m fhe motor vehicle accident and answered fhe same ia negative. Purther, as the appeUaait is not entitled to get coinpensation beiag a niarried daughter of fhe deceased aad dependent on her husband, fhe appeal is not maiatamable. Therefore, fhere is no ground to iaterfere in the mipugned award. In the result, fhe appeal fails aad is dismissed. No order as to costs. Sd/- I.M. Quddusi Judge Sd//- Prashant Kumar Mishra Judge Rao