LU . Dlvislon Benc'ts IN THE HON»BLEHIGH COURT OF CHHATTISGARH AT BILASPUR MISC. APPEAL rCLNO. % \3 / 2011 :^. Present Owner Owner ^ ^}<-^^ <;^^'..^ ^^^ ^ RBSPONDENTS ^ APPELLANTS :—1. Dinesh Kumar Gendre S/o Dujiram Driver @ Dukhiram Gendre, R/o village Bardih, Police Station Kharora, District Raipur (C.G.). Bhujbal Das S/o Sadaram Das, R/o village Bhurkoni, Police station Dharsiwa, District Raipur (C.G.). Kpshor Kumar Verma, S/o Dukhuram Verma, R/o village near Shiv Mandir, Charoda, Police Station Dharsiwa, District Raipur (C.G.). VERSUS • 1. Smt. Preeti @ Paraga Sahu, wd/o Beernarayan Sahu, aged about 21 years, 2. Ku. Saumya d/o Beernarayan Sahu, aged about 1 years. 3. Smt. Mehatarin Bai w/o Jagaturam Sahu, aged about 65 years, Respondent no. 2 being minor through mother Preeti @ Paraga Bai, All R/o village * Post Dondekala, Police Staton Dharsiwa, District Raipur (C.G.). 4. ICICI Lombard General Insurance Company Limited, through ^. Incharge Officer, ICICI Lombard General Insurance Co. Ltd. Lalganga Shopping Mal, G.E. Road, Raipur, District Raipur (C.G.) MISC. APPEAL UNDBR SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 ^- ^' ^ .4 HIGH COURT OF CHHATTISGARH. BELASPUR ^ DB: HON'BLE I. M. QUDDUSI fis HON'BLB G. MINHAJUDDIN, JJ APPBVLANTS RBSPONDBNTS M.A(C1 No. 819/2011 Diaesh Kuinar Gendre & ofhers Vs. Sint. Preet @ Paraga Sahu & others MISC* APPEAL UNDBR SECTION 173 OP THE MOTOR VBHICLES ACT.1988 APPEARANCB: Mr. A. P. Sharma, counsel for fhe appeUant. Mr, Aiarito Das with Miss Taniishree Das, counsel for respondeut uo.4. Per I.M. QUDDUSI. J. ORAL ORDER (07.12.2011) This appeal has been filed by the owner aad driver of fhe offendiag vehicle agatnst fhe impugned award dated 30.04.2011 passed by tiie First Addl. Motor Accident Claims Tribunal, Raipur (C.G) in Claun Case No.40/2010 in so far as it has fastened UabiMty to pay coBipensation upon the appellants, Bnef facts of the case are that on 11.06.2009 at about 9.10 a.m. appellaat No.l who was driviag the Auto bearing Regn.No.C;G,04/T/0923 ia a rash aad negUgent maaner dashed fhe motorcycle bearmg Regn. No, C,G,04/C/1084, as a result of which, fhe rider of tiie motorcycle Veemarayaa Sahu sustamed grievous mjuries aad died. At fhe time of accident, fhe deceased was aged about 23 years aad was fhe only eaniing member of the faimly, He workmg as Supervisor ia Monnet Ispat Industry, Maadii' Hausad aad was earamg Rs.4000/- per monfh. The claiaiaats beiag dependents/legal reprcsentatives of ftie deceased have fiiled claim petition under The leamed claims Tribunal has held fh.at fhe vehicle ia question was iiivolved ia fhe accident ia which Veeraarayaa died: there was breach of conditions of fhe iasuraace poMcy by the appellaats; there was no negUgence on the part. ofdeceased who was driviag fhe inotorcycle and the clairaaats are eatitled to receive a total ainount of coinpensation Rs,4,41,500/- with 6% iaterest froni the appeUaats, We have heard leamed counsel for fhe parties aad have also /gone fhrough the records. We have perused the lower court records aad found fhat the offendiiig vehicle was three wheelers which was a passenger carrym.g vehicle, The driver of fh.e offendiag vehicle was haviag valid aad eJGFective driving Ucence with effect frora 02.09,2009 to 01,09.2012, but fhe date of accident was prior to the date of issuance ofdriviag Ucence for transport |)urpose Le., 11.6.2009 aad therefore, fhe driver was not haviag valid aad effective driviag licence on the date of accident. Hence fhere was breach of conditions of insuraace poUcy aad therefore, fhere is uo scope of iaterference ia fhe impugned award, However, the penal iaterest @ 9% per aanum imposed by fhe Tnbunal after fhe stipulated period is not sustamable aad is hereby set aside, We dircct tih.at the award shaU carry snnple mterest @ 6% per aanum fhrough out from fhe date of flliag claun appUcation tUl fhe date of payment, 6. In the result, fhe appeal is atlowed m part at fhe motion stage itself. No order as to costs, Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Rao