@ H!GH GQURT OF JUDICATURE CHHAT'HSGARH' BILASPUR DIWSION BENGH CQRAM : HON’BLE SHR! SR‘ NAYAK, CJ a HON’BLE SHRI DR. DESHMUKH, J. Misc Appea! No. 710 of 2006 APPELLANT: : United !ndia insurance Co. Ltd., Non applicam no. 3 Through Divisional Manager, Katchury chouk, Raipur District Raipur (C.G.) VER$U3 RESPONDENTS 1. Ashok Kumar Diwan S/o‘ Ramu!al Diwan, aged 38 years, Rio Viilage Lohargaon (Parsapaii), Police Chauki Patewa, Thana Tumgaon, District Mahasamund 2. Dalluram Sahu S/e Hichcharam Sahu, aged 36 years, R/o viilage Sindhi, Poiice Chauki Patewa, Thana .Tumgaon District Mahasamund (06.) Non-appiicants 1& 2 3. $mt. Tijiya Bai Diwan Wd/ Late Shri Dewanram Kanwar, aged 36 years, 4. Mahendra Kumar Diwan S/o Late Shri Dewanram Kanwar, aged 17 years, 5. Ku, Dineshwari Diwan D/e Late Shri Dewanram Kemwar‘ aged 14 years, 6. Tukeshwar Kumar Diwan S/o Late Shri Dewanram Kanwar, aged 11 year3, 7. Siram Diwan S/o Late Shri Shri Ramchandra Diwan, aged 85 years, 8. Smt. Punia Bai Diwan W/o Siram Diwan, aged 58 years, Nos. 3 to 6 minors, through Wali Mother Smt. Tijiya Bai (No.3) Ail R/o viliage Chaukbeda, Post Bawankera, Police Chauki Patewa, Thana Tumgaon, District Mahasamund {c.G.) Ciaimants L Present: Shri sanjay 3. Agrawal, Iearned counsel for the appe'hnt. ORAL GRDER iPassedW on 1Q July, 2006) The following oral order of the Court was passed by $.R. NAYAK, GJ . !n this appeal preferred by the appenant — !nsurance Company, it was contended by the !eamedl standing counsel that the MACT is net justified in fastening the liability to‘pay compeneatien on the insurance Company, because, there was a breach of policy. lt is true that such a plea was taken in the written statement tiled by the insurance Company before the MACT, but, it has failed to adduce any evidence to substantiate that plea. The appeal is devoid of merit and it is accordingly dismissed. ‘ Marx i ‘ i ¥ \ i . ' Sd-/ Dlllp Raosaheb Deshmukh Judge ‘ Sd/— Chief Justice c i ‘ W