^ ,l61 y- /L-^.' HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH Coram APPELLANT : HON'BLESHRI RAJEEV GUFTA, C.J. & HON'BLE SHRt SUNILKUMAR SINHA. J. Misc. Appeal (Cl No. 178 of 2007 Kumari Shruti Ghosh, age 24 yrs, D/o Late Ranjan Gho^i, R/o Budhapara, Raipur, District Raipur RESPONDENTS Versus The National Insurance Co. Ltd. Branch OflRce, Gill complex, near Gurudwara, Statlon Road, Durg (C.G.) Through Divisional Manager, Mobin Mahal, G.E. Road, Raipur, District Raipur (C.G.) Ranjeet Singh Gill, S/o Gurudayal Singh, Occupation Car Driver, R/o L.I.C., Shatabdi Colony, Dallirajhara, District Durg (C.G.) MEMORANDUMOF APPEAL UNDERSECTtON 173 OFTHE MOTORVEHICLESACT.TSSS Present: Shri Shiv KumarGuha, leamed counsel on behalfof Shri A.S. Iqbal, leamed counse! for the appellant. Shri Raj Awasthi, learned counsel for respondent No.1. ORDER (24mAugust, 2009) The following order of the Court was passed by Rajeev Gupta, C.J.: Leamedcounsel for the paities are heard on admission. 2. The appellant is seekhig enhancement of the compensation awarded by the 13th Additional Mrtor Accidents Claims Tribund, Raipur (for short 'the Tribunal') vide award datect 18.08.2006, passedin Claim Case No.07/2005. 3. As against the compensation of Rs.40,50,000/- clainred by the appellant/ claimant, unfortunate daughter of Smt. Shyamll Ghosh who was the owner of the Maruti Esteem Car bearing registration No. C.G.-04-Z.D.-0661, for the death of deceased Smt. Shyamli Ghosh in the motor accident on 30.12.2(X)3, ie Tribunal awarded a total sum of Rs.2,75,000/- as compensation along w'rth interest @ 6% per annum from the date of filing of the claim petition tilt the date of actual payment. 4. Admittedly, deceased Smt. Shyamli Ghosh WSB the owrrer of the only vehlcle involved in the motor accident i.e. Maruti Esteem Car bearing registration No. C.G.04-Z.D.-0661 . The said vehtote met with an accident as the Car dashed against tto tree on account of rash and negligent driving by its driver resultir^ in multiple serious injuries to Smt. Shyamli Ghosh who suceumted to those injuries during the course of her treatment in the hospital. 5. The Apex Court while considering the maintainabitity of a claim petition by the claimants for the death of owner of the vehicle under Section 163-A of the Motor Vehicles Act in the ca^ of Oriental Insurance Company Limited Vs. Rajni Devi and Others, reported in (2008) 5 SCC 736, observed in para 11 & 12: "11. The liability under Section 163-A of the Aot is on the owner of the vehicle as a person cannot be both, a claimant as also a recipient. The heirs of Janak Ra] CQUtd not have maintained a claim in terms of Section 163-A of ^, the Act. For the said purpose only the terms of the contract of insurance could be taken recourse to. 12. According to the terms of confract of insurance, the liability of the Insurance Company was confined to Rs.1,00,CKX)/- (Rupees one lakh only). It was liable to the said extent and notany sum exceeding thesald amount." 6. In vlew of the above quoted dictum of the Apex Court in the case of Oriental Insurance Company Limited Vs. Rajni Devi and Others (Supra), the claim petition Tiled by the appellant/ ctaimant under Section 163-A of the Motor Vehicles Act for the death of her mother Smt. Shyamli Gh<%h who was the owner of the vehicle in question in the motoraccident was not maintainable before the Tribunal. 7. Be that as it may, as there is no appeal by the Insurance Company against the award, we are not inclined to interfere tn the award passed by the Tribunal. 8. In this view of the matter, we do not find any scope for enhancement of the compensation awarded by the Tribunal. 9. The appeal filed by the appellant/ claimant for enhancem©nt of the compensation, therefore, is liable to be dismissed and is hereby dismissed summarily. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge nlmmi