Clg1\a9/@ 3 IN THE HIGH COURT OF JUDICATURE AT BILASPUR ICHHATTISGARH l > S‘TZO / MISC. A PEAL N0. OF 2004 ‘ APPELLANT INSURER / THC Oriental Insurance Co. Ltd., through its Divisional Manager, Division Office, Opposite High Court, Bilasgur {CG} t w VERSUS/ RESPONDENTS /Julekha Bibi Widow of late CLAIMANTS Occupation—Housewife. . Sarfuddin, aged 28 years, / /2. Rukhsana Khatoon d/o late Sarfuddin, aged 11 years. /,, )6 «t //§. Ahmed Raza s/o late Sarfuddin age/d 8 years. " u/ ' ”fit. Afsana Khatodn d/o late Sarfuddin, aged 5 years. 5 Shaheed s/o late Sarfuddin, aged 2 years. a (Respondents no.2 to 5 minor through their natural guardian and mother Julekha Bibi widow of Sarfuddin) // fox/6. Aysha Bibi w/o Hanif, aged 55 v \ years (deleted as being dead on 15/2/2000) / /7. Hanif s/o late Toofani Sheikh, aged 7O years. i i \/‘ (All r/o village—Chironjia, Post— Nawada, P.S. 85 Tehsil Gadwa, , s District Gadwa (Bihar)) OWNER /% i’Kalam s/o Walim Mohd. r/o Village-Jheego, P.S. 8r, Tehsil‘ Rajpur, district Sarguia (CG). 9. Mohd.Asla_m s/o Mohd. Kalam, aged 35 years, r/o Village—Jheego, P.S. 85 Tehsil Rajpur, district Sarguja (CG}. DRIVER t APPEAL U/s 173 OF MOTOR WCLES ACT AGAINST THE AWARD/QRDER DATED 30/if2004 PASSED/B’Y/THE MOTOR ACCIDENT CLAIMS-~ BUNAL RAMAN’IfIGANJ DISTRICT SARGUJA IN {1 NO.15/200§¥j§§ HIGH CCU??? GP CHHATTIS§ARH AT EILASPUE DIVISIC'N 3ENCH HON‘ELE WE. I‘MQUEDU5I o: HON‘BLE MRGULAM MENHAJUDDLN, J‘J MA. No.52D/2904 \ . M Smha Advocafe wHh Mr G PaTel Advoca‘mioq We annellan‘f M S R bmha Advocafe for The respondem [\Jos x To 3 u ‘ ORDER (Omi) (24* Nevembar, 2am § E. M . Qudéusi. 3': 1. Heard. 2. The appellan‘r—Insumnce Company has filed ihis appeal against The award da‘red 30.1.2004 passed by ihe iear'ned Mo‘ior Aceidem" Claims Tribunal, Ramanujganj, DisTricT Sargu‘ia {i‘or' short ‘The Claims Tribunal) in Claim Case No.15/2002. 3. Brief fads of the case are fhaf The‘claimanl's, who are widow, children and paren‘l's of deceased Sarfuddin, have filed a claim applica'lien before The Claims Tribunal seeking compensa‘i'ion To 1he Tune of: Rs.16,00,000/— for ’rhe deai’h of said Sarfudclin in a mofor acciden‘l which Took place on ' 29.4.1998, when ‘l'he vehicle bearing regisirafion number ‘Mi’27—B-0583, in which The deceased was Travelling as passenger along wifh his livevs‘lock i.e. goafs, has me? wii‘h an accidem‘ due To rash and negiigen'r driving by ifs driver. The claiman‘ls claimed compensal'ion on *he ground iha’i’ They were dependem“ on The deceased, who was The sole earning member in The family, and due ‘i'o his deafh, They have suffered loss of income. 4. The Claims Tribunal, affer hearing 'l'he parfies in fhe maffer, allowed The claim appiicaTion in parT, awarded a sum of Rs.3,16,000/— along wiTh inTeresT @ 8% p.a. and held The appellanT herein responsible To saTisfy The w\ i award. r r ‘ AQEeIIE ‘ The Orien‘ral Insurance Co. LTd. 4 Vs Respmnédem‘s J‘ulekha Bibi & ofher-s “ Presen‘i’ 5. We havejheard learned counsel for The par‘ries and perused The impugned award as‘also records of The Claims Tribunai. 6. SecTion 147 of ‘rhe ACT 1988 nrovides ?hm‘ in order To compiy wi’rh The requnr‘emenf of Tlms Chap‘rer a policy of Insurance musf be a pohcv which Insures The person or classes of persons spectfled In 'rhe poncy To The exfen‘l' specn‘Ied In sub-sechon (2) 1e againsf any habihfy which may be mcur'r'ed by him In respec‘r of The deuTh or bodily InJury To any person including? owner of The goods or his ouThor-Ized represenTaTIve carried In The vehiicle or damage To any properTy of a Third parTy caused by or arising ouT of Thiuse of The vehicle in a public place. 74 Thus, iT is clear ThaT if The deceased was siTTing in The vehicle along wiTh his live sToclgs or goods, The insurance company would be liable. 8. In The insTanT case, The claimanTs‘ case is ThaT deceased Sarfuddin was Travelling in The goods carrying vehicle along wiTh his livesTock buT iT has noT come in The evidence ThaT he was siTTing inside or ouTside The cabin. However, The widow of The deceased has came in The wiTness box and sTaTed ThaT her husband was The renown livesTock Trader and he used, To carry his goaTs in The Truck of Kalam i.e. driver of The vehicle in quesTion. However, no suggesTion by The oTher side has been made To her challenging her sTaTemenT. 9. IT is also an admiTTed facT ThaT aparT ‘from The deceased, oTher passengers were also Travelling in The said vehicle. BuT‘a glance of The insurance policy, which is a comprehensive policy, reVeals ThaT exTra premium for six workmen was accepTed by The insurance company, whereas, as per policy iTself, siTTing capaciTy of vehicle is nil. Therefore, iT is very surprising ThaT wiThouT There being any siTTing capaciTy in The vehicle, how The insurance company has accepTed exTra premium Towards The risk of six workmen. 10. Be ThaT as iT may, for The purpose of clarificaTion as To wheTher There was any siTTing capaciTy in The vehicle or noT, perusal of regisTraTion cerTificaTe is necessary, which is noT available on record. There is one anoTher aspecT for deTerminaTion ThaT wheTher The deceased was siTTing v-\ 27 inside The cabin or‘ nef. In These circums‘mnces, we fee! fhaf The ma‘r'fer' requires reconsidemfion a1- The end of The Claims Tribunai. 11. In The resuH' fhe appeal is ailowed in par? The impugned award is sei' aside and Thei ma'r‘i'm“ is remITTed back To The Ciaims iribunai concerne<i for Taking deCISIon afresh m iigh‘i of fhe observaiions made m fhis order The Claims Tribunai shaii prowde oppori’umiy To The parTies To adduce TuiTner evidence, if any; amend The pieadings, file documehTs or verify The documeri’is already filed. OTher‘ poinTs would also remain open if They are raised by any of The parTies. IT is direcTed ThoT The amount which has already been deposiTed by The qppellanT—Insurance Company and yeT noT disbursed‘T-o The claiman'i's; shali noT be eii‘her refunded To The appellanT A or disbursed To The claimanTs Till The decision is Taken afresh. 12. .The parTies are direoTedr To appear before The Claims Tribunal on 11m January, 2012. The RegisTry is direcTed To TransmiT record of The l m Claims Tribunal wiThouT any furTher delay 13 CerTn‘aed copy as per rules . ere ’ sw- “if; Qd/_ f l G. Minhajuddin Judge l I M Quddus1 Judge i ’