-T ^- k'-f~ ">'© c-^-^' IN THE HONOURABLE CHHATTISGARH HIGH COURT AT BILAPUR MISCELLANEOUS APPEAL (C) No. . ^r^ APPELLANT : [Owner Vehicle/Trolley] VERSUS RESPONDENTS : l. [Claimant No. 1] [Claimant No.2] 2. [Claimant No. 3] 3. [Claimant No. 4] 4. A.p?-\"^^ /2009 giwja^v%9-^^ Ghasiya Ram S/o Shri Ram Ratan Sahu aged 53 years, R/o - Vill: Mudapar, P.S. Palari. O.P.-Gidhpuri, Distt. Raipur [C.G.] ^ ^ .....^^' y.^>' ,^ .-•°' [Driver] [Insurance Co.] 5. 6. Uttara Bai W /o Late Khubiram Sahu, aged about 24 years, Ku. Vandana [Minor] D /o Khubiram Sahu, aged about 6 years, MithiLesh [Miaor] S/o Khubu'ami Sahu^ aged about 4 years, L...^- A^ v^^ Neera Bai W/o Ghasiya^,^^- ^>w" r1" ' ^ [Respondents No. 2 to 3 through natural Guardian their motKer Uttara Bai [Respondent No.l]. [Respondents 1 to 4 are the resident of Village: Mudpar, Police Station: Palari, Police Out Post: Gidhpun, District: Raipur of Chhattisgarh] Raghunath Dhruw S/o Matt Ram Dhruw, aged 32 years, by Caste: Gond, R/o Village- Muswadih, P.S. Khrora, District: Raipur of Chhattisgarh. The New India Insurance Company Lunited^ Zonal Office No. 2, Jivan Bima Marg, Pandri, District: Raipur of Chhattisgarh. APPEAL UNDER SECTION 173_OF_MOTOR VEHICLE ACT 1988: - '-3 HIGH COURT OF^HHATTISGARH ; BILASPUR M.A. (C) No. 712 of 2009 Appellant Ghasiya Ram Versus Respondents Uttara Bai & others MISC. APPEAL UNDER SECTION 173 OF THE MQTOR VEHICLES ACT, 1988 DB: Hon'ble Dr. I. M. Quddusi & Hon'ble Mr. G. Minhajuddin, JJ Shri D. K. Vishwakarma, Advocate for the appellant. Shri H. P. Agarwal, Advocate for the respondent No. 6. None for the respondents No. 1 to 5. ORDER (Oral) , - ( Passed on this 17th day ofJanuaiy, 2012 ) Per Dr. I. M. Quddusi J. This appeal has been filed by the appellant/non-applicant No.2/owner against the impugned award dated 28.11.2008, passed by the Second Additional M.A.C.T. Baloda Bazar in Claim Case No. 15/2008, awarding a sum of Rs. 3,60,000/- as compensation along with interest at the rate of 6% per annum from the date of the application i.e. 11.3.2008, holding the appellant as liable to pay the amount of compensation, exonerating the insurance company from any liability. Brief facts of the case, in nutshell, as per version of the claimants, are that on 28.5.2007 deceased Sukhi Ram went to sprinkle manure in his field by the Tractor - Trolley, bearing registration No. C.G. 04- DA/6062 and 6063. At that time, due to negligent driving by the non-applicant No.l (Raghunath Dhruv) the vehicle turned turtle, as a result of which Sukhi Ram received grievous injuries. Later on, during the course of treatment he died in the hospital on 7.6.2008 at 8.00 p.m. \?v 5'C3; The claimants/dependents of the deceased filed a claim case under Section 166 of the Motor Vehicles Act, 1988 claiming total compensation of Rs. 14,40,OOO/-. Learned Claims Tribunal having regard to the facts situation and the evidence on record held that there was violation of the condition of the Insurance Policy and thus exonerated the Insurance Company from any liability and directed the non-applicants No. 1 and 2/driver and owner to pay a total sum of RS. 3,60,000/- as compensation to the claimants along with interest @ 6% per annum from the date of the application i.e. 11.3.2008, jointly and severally. We have heard learned counsel appearing for the parties and perused the record. On perusal of the papers on record, it is evident that no premium was paid for any of the passenger/labour sitting either in the tractor or in the trolley. Indisputably, the deceased, along with other persons, was sitting in the trolley and except the driver-cum-owner; any other occupant of the tractor-trolley was not covered by the insurance policy. Thus, the vehicle was being plied in violation of the conditions of the insurance policy and therefore, we are of the opinion that learned Claims Tribunal has rightly exonerated the insurance company from the liability. In view of the foregoing, we do not find any scope for interference in the findings arrived at by learned Claims Tribunal. Accordingly the appeal fails and is dismissed. No order as to costs. Sd/- Dr. I.M. Quddusi Judge Sd/- G. Minhajuddin Judge Thakur