IN THE HIGH COURT OF JUDICATURE AT BILASPUR rCHHATTISGARHI M.A. NO.?<5^0F2003 APPELLANT -INSURER/N.A.3 The Oriental Insurance Co. Ltd., through its Divisional Manager, Divisional Of&ce, Brlaspur (Chhattisgarh) V E R SUS RESPONDENTS .CLAIMANT ,^; ^ ^°\^ '^ ..^^.^•-' •;-r^^?'" ^ DRIVER H.A.l OWNER K:A.2 ^l. Smt.Vidya Bai, W/oLalman Gupta, aged about 45years, 2. Lalman Gupta, S/o Govind JL Ram Gupta, aged about 50 years, Both Respondent No.l8&2 are R/oVmage Podikala, P.0 Darang via Baradwar, Thana Champa, Disti-ict Janjgir- Champa [Chhattisgarh] ,3. Mangal Singh, S/o Kartik Ram Mannewar, aged about 20 years, R/o Parsabhata, Thana - Balco Nagar, Distt. Korba [C.G]presently resides at Petforba, P.0. Darang Thana 85 Tahsil Champa Dist. Janjgu'-Champa [C.G.] 4. Nilambar Prasad S/o Kirit Ram Patel, R/o VUlage Pet- forba P.0. Darang, Thana 8s Tahsil Champa, District Janjgir - Champa [C.G.] 1. APPEAL U/S 173 OF MOTOR VE3-HCLES ACT. AGAINST THE AWARD/ORDER DATED 17-12-2002 PASSED BY THE -ADDmQNAL^CLAIMS TRIBUNAL. SHAKTI IN MACTJCLAIM1 CASENO-€l72002. \ 7 c, -»«-^^ / ^ ^OL^ A^^^'^3^3'ooo/'~ BRIEF FACTS OF THE CASE: That an application u/s 166 of the Motor Vehicles Act was ffled by the Claimants/RespQndent No.l 8& 2 claiming compensation for the death of the deceased Baldao Prasad Gupta. •s^ SKaS'^MCT^^SiRE'.S&^S^n^? HIQH COURT OF CHHATTiSGARH AT BILASPUR DIVISION BENCH: HON'BLE MR. 8.M.QUDDUSI & HON'BLE IVIR.NAWAL K1SHORE AGARWAL. JJ, Appeilant Respondents Vs No.300/2003 Oriental Insurance Co. Ltd., Bhilai Smt. Vidya Bai & others PresenS: Vr. Abhishek Sinha, Advocate, Advocate for the appeiiant. Mr. Avinash Mishra, Advocate for the respondents No.1 & 2. Mr. Rajeev Shrivastava, Advocate for respondents No.3 & 4. ORDER fOrall (22nd September, 2010) S.IVI. Quddusi. 4; 1. Heard. 2. The appellant-insurance Company has fiied this appeal against the award dated 17.12.2002 passed in Claim Case No.21/2002. whereby the iearned AciditioTial Motor Accident Claims Tribunai, Sakti, District Janjgir-Champa (CG) has awarded a sum of Rs.3,73,000/- to the claimants holding the appeitant insurance company to make the payment of amount invoived in the award. 3. Brief facts of the case are that the ciaimants, who are mother & father of the deceased Baidau, fiied a claim petition before the tribunal seeking compensation to the tune of Rs.88,77.000/-on the ground that on 21.4.2002 about 10.00 p.m. the deceased Baldau Gupta was''iraveting jn the tractor & troiley bearing registration numbers MP26-EA-0676 & MP26-EA-0676 respeGtjveiy. Non-applicant No.1 was the driver of the said vehicle, non-applicant no.2 js the owner and the said vehicle was insured with the appellant herein. Due to rash and negligent driving by the non-applicant No.1, the said Baldau came under the tractor & trolley and died on 22.4.2002. The claimants have stated that the decea-sed was the only earning member in the family and the claimants were dependent on him and because of his untimeiy death, financial loss has been occasioned to them. 4. The tribunal below after hearing the parties in the matter allowed the claim petition of the claimants and awarded a sum of Rs.3,73,000/- and since at the time of accident the vehicfe v/as r ^^s»^;'SS?^^^!?gy't$^^TB ^^ insured with the appellant herein, the tribunal directed the appeliant herein to make the payment of amount involved in the award. Hence this appeal by the appellant insurance company. 5, We have heard learned counsel for the parties and perused the impugned award as also the record of the ciaims tribunal beiow. 6. From perusal ofthe Insurance policy it is evident that the said tractor & trolley were insured with the appeilant under the Kisan Package Poiicy. Inthe said policy it has been specifically mentioned that risk of the passengers is not covered under the policy and in the present it is an admitted fact that the deceased was traveling in the said tractor& trolley. Therefore, we are of the opinion that the appeliant insurance company was not liabie to pay the compensation. 7. In the result, the award dated 17.12.2002, so far as it relates to affixing the liability on the appellant-insurance company, is hereby set aside, however, the iiabiiity of the other non- appljcants is upheld. 8. We have been informed that the appellant-lnsurance company has aiready deposited the amount involved in the award, therefore, it will be open for the appellant-insurance company to realize the amount from the non-applicants i.e. the owner and driver of the vehicle, by mov.ing appropriate application before the claims tribunal. .c: Sd/- I.M. Quddusi Judge Sd/- N. K. Agarwal Judge Roshan/" i.-