IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C) N0. -)^ /2009 Cl APPELLANTS Respondent No. 1 & 2 y""^ ...••••:^A^.^ f-'\,;^ _\.Y} 1] Sudama Prasad Gupta, S/o. R.P. Gupta, Aged about 48 years, R/o. Village & Post Bargidih., Police Station Batauli, District Surguja (CG) ...(Owner ofthe offendins vehicle) 2] Karam Singh Paikra^ S/o. Salchuram, Aged about 32 years, R/o. Village Padipa (Navadih), Post Masga, Pratappur, District Surguja (CG) ...(Driver ofthe offenclins vehicle) VERSUS RESPONDENTS CLAIMANTS ~\. 1] Bigni, W/o. Munna, Aged about 25 years^ R7o. Village Kirta., Police Station & Tahsil Pratappur, District Surguja (CG) V-t_ 2] The Oriental Insurance Company Limited, Branch Office, Bilaspur (CG) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLEACT M K? HI6H COURT OF CHHATTES6ARH AT BILASPUR DIVISION BENCH: HON'BLEMR. I.M.QU&DUSI & HON'BLE MR.6ULAM MINHAJUDbIN. JJ. Aooellants Respondents Appeilants Resisiondents lAppellonts Ffespondents M.^.M No.769/2009 Sudama Prasad (Supta di another Vs Kunti Bai <& another M./^.rc] No.770/2009 Sudama Prasad ^upta <& another Vs Basanti & another & M.A.td No.771/2009 Vs Sudama Prasad (Supta <& another Bigni & another Present: AAr. AAanoj Paranjpe, Advocate for the appellants in all the appeats. Mr. D.N. Prajapati, Advocate for respondent-claimants in all the appeals, Mr. Abhishek Sinha, Advocate with Mr. G. Patel/ Advocate & AAr. Sudhir Agarwa!, Advocate for the respondent-Insurance Company in all the appeals. ORDER fOral) (23rd September, 2011) I.M. QuddusL J; 1. Heard. 2. The above appeals preferred by the Gppellants-owner & driver of the vehicle are being disposed of by this common order as ali the above appeals arose out of the same accident. 3. The appellQnts-owner <& driver of the yehicle have filed the above appeals against the common award dated 13.4.2009 passed by the learned Additional Motor Accident Claims Tribunal, FTC, Pratappur, District Surguja (C<&) (for brevity 'ths Claims Tribunal') in Ctaim Cases No.03/2008, 04/2008 <& 23/2008 fastening liability on the appellants herein to pay compensation to the claimants. f ki^^y^m c 4, Facts of the case, in nutshell, are that the claimants h?rein were traveling in the bus bearing registration number C610-ZH-0900/07 and were going towards Village Kerta from Ambikapur. Due to rash and negiigent driving by the driver of the said bus, it overtumecJ near Sargawan-Manjhli drain as a result of which the claimants have sustained grievous injuries on van'ous parts of their body. They were admitted in the hospital for treatment- The injured claimants have filed separate claim petitions seeking compensation on the ground that due to injuries sustained by them Jn the said accident, they have suffered loss of income, 5. The Claims Tribunal vide common award dated 13.4.2009 partially allowed the ctaim applicotions bearing No.03/08, 04/08 & 23/08 and awarded compensation to the tune of Rs.15,403/-, 16,795/- <& 23,788/- respectively and fastened Jiability on the appellonts herein. 6. We have heard learned counsel for the parties. We have also perused the records of the Claims Tribunal. 7. So far as the fastening of liability upon the appellants herein is concerned, we have perused the records and found that there was breach of terms and conditions of the insurance policy as the bus was not having valid permit to ply the vehicle on the said route where accident has taken ptace, but even then the passengers were allowed in the bus and due fore was realized from themo Therefore, we are of view that the Claims Tribunal has not committed any mistake in fastening liability on the appelloints herein. 8. So far as the quantum part is concerned, perusal of the record shows that the claimants have filed and proved the documents related to their treatment and loss of earning. Even otherwise, the Cloims Tribunal has awarded meager amount of compensation to the injured cbimants and therefore, we feel that the Claims Tribunal has not committed any illegalit/ or impropriety in passing the impugned award. 9. In the result, these appeals have no force, the same are liable to be dismissed and are hereby dismissed. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- ..., G.Minhajuddin Judge