u ) f&/ (‘9 é; {’1A m THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) _ M.A. No. ‘3é2?/2002,.¢'xx! (x , APPEAL UNDER SECTIoN 173 oF THE mo'mR w“ VEHKCLm ACT, 1988 gclaim‘valued at Rs 50,000/-_)y,,/ APPELLMT NON-APPLICNVT NO . 3 s The New India Assurance Co. Ltd. The . Branch Manager. The New Iféia Assurance Co. Ltd. rJ/I’Rajnandgaon (C.G. ) W Through : Sr. Branch Manager, r The New India Assurance Co. Ltd. Bilaspur (CoGc). V E R S U S RESPONDENT No.1 Smt. Binda Bai W/o Bindu Ram, CLAI T aged about 25 years. Em}. A Rakesh s/o Late Bindu Ram aged about 8 yearS. No,2 B Kumari Jamuna $/o late Bindu Ram aged about 4 years. No.1 C Anil S/o late Bindu Ram aged about 1 year. All resident of village Bhiracha. P.O.-chhui Khadan, Distt. Rajnandgaon (C.G.). RESPONDENT No.2 ' = Mohammad Salam S/o Miya Jan Hazi, Non APQLIcANT No.1 V ‘ village 8: P.O.-Charghat. A Distt. Reewa (M.P.). g} ....contd.... RESPONDENT N0. 3 NON APPLE‘CH‘IT No.2 f i/w" ‘ : Bhai Lal S/o Bhagirathi, aged about"30 years, resident of Mandari, Thana - Puramukti. P.0. 5t Distt. Allahabad (U.P.). Being aggrizved by the interim award 16-7—2002 :passed in Claim Case N9,.""é/9« by the Additional c1aims Tribun¢g£ifxhairagarh‘. between the parties Smt. Bffida Bai and others versusk Mohd. Salem and others, the appellant begs to prefer this appeal en the following facts and grounds amongst others. p1 ‘k FACTS (l) éat 'f XI~HC~22 Wam WW3?! V? ; 31/3/2003 Shri N.K. Agrawal, Advoca1 The insurance company against no fault liability passed company is not liable to pay contention is that the insurance the amount. The Claims Tribunal has The Tribunal has gone thrcugh the material available / report and 0ther documents an as a result of the accident. considered the cover note impugned award. The contention of the app: not genuine and the licence is n 0t valid. re, for the appellant. has preferred this appeal by the Claims Tribunal. The noted that the incident had occurred due to motor accident. on record, first information :l found that the person died The Tribunal has further and thereafter passed the :llant is that the cover note is [new XI—H622 1 iirecn‘on is given to the claiman [fter furnishing the security Lpplieation being made, the oWn r.‘ l f n This is a third party claim. Having considered, the Tribunal haS directed paymem shall Withdraw the amount only after furnishing the security. NO fault liability is payable by the owner and in case the vehicle is insumd by th€ insuranw campany for and on behalf of the owner. This Court has gone through the award. Prima facie, the ‘ Tribunal has given the fmding in 'e perverse or illegal.'This is anly for the purpose of no fault 1: { Having considarsd the facts and circmnstances of the :ase and material onrrecord, ends of justice will serve if a .ts to Withdraw the amountW 1n “L rond for the said amount before r‘q/wx r be entitled to lead evidence of award. The Tribunal has also directed that the claimant UJ favour of the claimants. The aaid finding cannot be said to k ability. and further on suitable :r to furnish the indemnity ; the Claims Tribunal. The HHSHFW, Ifm‘mer i [113% has XI—Hc-zz n wwwwnaumiwaiam . ~ v r 07/ m m WW maggg mmmw k 3 W mwitwm amrawsnam regarding its liability, which shall be consideréd on its oWn we ¥ < merits, all parties will have opportunities. In case the insurance company succeeds, the security furnished by the r; claimants and the indemnity bond to be furnished by the owner will protect their interest. In the aforesaid View of the matter, this appeal stands disposed of. Consequently, M.C.P. N). 1494/2002 for stay stands disposed of. M Sd/- / Fakhruddin &J/ Judge