\^ ^2 (^Nce IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR M±sc. Appeal No. AppeUants ^p^c-A' / Smt. Anu Tyagi Wd./o Ravi Tyagi Aged About 34 Years Hoi^ewife R/o Trimurti Nagar, A-41, Devendra Nagar, Timber Market, RDA Building Teh. & Distt. Raipur (C.G.) VERSUS Respondents ^. Santosh Kumar, S/o Dandiram Yadav ^S'P^Gc^Jd ' ZAged About 28 Yrs. Vehicle Driver ^»r-- R/Q Vffl. Budaini PS Kharora f '^ Teh. SE, Distt. Raipur (CG), ^^^^Megh Singh S/o Ram ChandraSingh ^9-'"^^ vehicle owner> **' ^''" »ilt'y\ R/°Bhansali Road Lines, Transport Nagar, , Tatibahdh Teh. & Distt. Raipur ' t^. The Oriental Insurance Company Ltd. 'f Through, Divisional Manager, '"Division OfGce MandaUya Karyalaya No. 2, Vanijya Bhavan (Jo^- >": ^^^ •^^'" Dev^ndra Nagar Road Raipur Appeal U/S 173 of the Moto'r Vehicfes Act, 1988 . '^ :^'s'^^\ ?s ^,-^.^ ^ ^b.. ''• S":'' ..-^'' '•^ts;-^;^ 'J^' HIGH COURT OF CHHATTISGARH : BILASPUR M_A. No. 40_l_of 2005 Appellant Smt. Anu Tyagi Versus Respondents Santosh Kumar & others MISC^APPEAL UNDER_SECTIPN_173 QF THE MOTOR VEHICLES ACT, 1988 DB: Hun'ble Shri I. M. Quddusi & Hon'ble Shn O. Minhajuddin, JJ Shri Pawan Kesherwani, Advocate for the appellant. Shri Vinay Harit, Deputy Advocate General for the State. Shri Sourabh Sharma, Advocate for the respondent No.3. None for the respondents No. 1 and 2. QRDER (Oral) FJassed on this 91h day of Novernber, 2011 3. Per I. M. Quddusi J. This appeal has been filed against the impugned award dated 24th November, 2004, passed by the M.A.C.T. Raipur in Claim Case No. 68/2004. The M.A.C.T. has dismissed the award inter alia, holding that the claimant namely Smt. Anu Tyagi; as mentioned in the claim petition, is not the legal heir of the deceased, who has alleged herself' to be Smt. Anu Tyagi as well as Renu Mishra. We have heard learned counsel appearing for the parties and perused thc recoi-d. In the supurdginama of the police of the dead 'oody, Renu Mishra had signed mentioning that the deceased was living with her in her house since last about two years and he used tu [reat him as his father's sister (Bua). It is to be noticed that the P.I.R. was also lodged by Smt. Renu Mishra, daughter of Shri Shiv Narayan Mishra, alleging ^Si;;!; c 4. 5. therein that she was sitting behind the deceased on the motor cycle. Thus, on 26.10.2010 having perused the lower Court record, the exhibits and the other documents and considering the fact that after rejection of the claim of the appellant by the Claims Tribunal she has field the instant appeal therefore it was felt necessary to summon the appellant in person and accordingly the Superintendent of Police, Raipur was directed to ensure the personal appearance of the appellant before this Court on 1 1th November, 2010. Pursuant to that order the ap.pellant (Anu Tyagi) appeared before 'this Court and her statement was recorded on 11.11.2010. Further, on 5.5.2011, havin; considered the facts and circumstances in detail, the matter was referred to the State CBCID for enquiry and report. The State CBCID has submitted its report dated 20.7.2011 after through enquiry and reached to the conclusion that there is not an iota of evidence about marriage of the appellant Anu Tyagi with deceased Ravi Tyagi. In view of the foregoing, since the marriage of the appellant has not been proved with the deceased Ravi T)ragi, in no way it can be said that the appellant is legal heir/dependent of the deceased. Therefore, the appeal fails and is dismissed. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- G. Minhaiuddin Judge Thakur