c cf.fL S) BEFORE THE HON'BLE fflGH COURT OF CHHATTISGARH AT BILASPUR M.A. N0..' OF 2004. APPELLANT NDN-APPLICANT N0.3 •r RESPONDENTS ^ ^>' ^..•••'s^'-^.. ^^ z&^ ^<^y :y The United India Insurance Co. Ltd., / Through Braach Manager, Branch Office, Rajendra Nagar Chowk, Tahsil and District Bilaspur (C.G.) VERSUS :7 1. Mst. Asha Bai Chandel, wife ofLate ^ Chetan Kumar Chandel, aged 42 years, Resident ofVillage Patganwa, TahsU Pendra Road, P.S. Pendra, Present ^ ResidentofthroughNaruprasad Chandel, Near water tank, Kududand, Tahsil and District Bilaspur (C.G.) CLAIMANT AvA®" ^ <^- ^ 2. Ankush Kumar Agrawal, son ofGulab TC.V Agrawal, aged 21 years,resident of Pendra, Tafasil Pendra Road, Distaict Bilaspur (C.G.),(the then driver of Motor cycle no. M.P. 04 N.C.7408) 3.. Anshul Prasad, son ofMahatam Prasad, aged about 22 years, resident of C.M. 58, C-Sector, Shahpura, Bhopal (M.P.), Present resident of through Smt. Rajni Tiwari, M.I.G. 15 E -6, Arera Colony, Bhopal (M.P.) ( Registered owner of the motor cycle ) NON-APPUCANTS N0.1 AND 2. APPEAL UNDER SECTION 173 OF MOTORyEHICLESACT 1988 ~^~ (Claim in appeal valued at Rs. 3,45,500/- only) Contd.,2.. HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANT Non-applicantNo.3 RESPONDENTS M.A.No.974of2004 The United tndia Insurance Co. Ltd. VERSUS Mst.Asha Bai Chandel & Others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N, K. Agarwal. Present : Shri HB AgraV/al, Sr. Advocate wtth Shri Pankaj Agrawal, Advocate for the appellant. None for the respondents. ORAL ORDER (Passed on 7.10.2010) Per: I.M. Quddusi, J. Heard 1. The instant appeal has been preferred by the appetlant/insurance company against the award dated 05.07.2004 passed by the IXth Additional Motor Accident Claims Tribunal (FTC), Bitaspur (for short 'the Tribunal') in claim case No. 13/04, awarding Rs. 3,45,500/- in favour of the claimant and as against the appellant/insurance company. 2. Brief facts of the case are that, on 05.05.2002, Chetan Kumar (sincedepeased), whilecycling near village Admar, was dashed by the driver of Hero Honda motorcycle bearing registration MP-04/NC-7408, due to whtch he succumbed to the injuries sustained in the said accident. 3. The claimant i.e. unfortunate widow pf deceased preferred an \ . application before the Tribunal under Section 166 ofthe Motor y, ^ Vehicles Act, claiming compensation to the tune of Rs.. 8,95,000/- for the death of her husband in the said accident. 4. The Tribunal, on a close scrutiny of the evidence led by the parties, the material available on the record, and submissions of the parties, awarded Rs. 3,45,500/- in favour of the claimant and as against the appellant/insurance company along with interest @ 9 percent per annum from thedate of application. 5. The Tribunal has given its finding in para 9 of its judgment according to which Hetram (AW-2) has stated in his statement that the deceased was cycling in his side at the time of accident and itwas the driver of the Hero Honda motorcycle, who, by driving his motorcycle rashty and negligently on wrong side, dashed the cycle of decease due to which he succumbed to the injuries. In view of above findings it is clear that the driver of motorcycle was responsible for the said accident and since the motoreycle was insured by the appellant/insurance company, the Tribunal has rightly fastened the liability upon the insurance company. 6. In view of above, we do not find any illegality or any good ground to interfere with the award passed by the Tribunal. Accordingly, the appeal deserves to be and is hereby dismissed. No order asto costs. 'SdA/ I.M. Quddusi Judge .Sd/- N. K. Agarwal Judge