^ c.i IN THE HIGH COURT OF JUDICATUR AT BILASPUR CHHATTISGARH M.A.fQ No.li ^S/2010 8in|le B@nSS APPELLANT Branch 7. Manager National Limited (Insure^)/> e^, Insurance Company <S.-'A^'^ Branch Kamthi Line Rajnandgon ^•''..^ ^^..-•••" •A'''' ^ District Rajnandgaon C.G Through Authorized Signatory For National Insurance Conipany Limited Divisional Office Bilaspur (C.G). VERSUS RESPONDENTS t-1. DiUp S/o Baisakhu Satnami aged Claimants) 46years. ^Smt. Ahilya W/o DUip Kumar aged 44 years, Both R/o Vilage Bihrikalci Police Station Ambagarh Chouki District Rainandga.on (C.( ^bh^f^^ ^,3. Premgir S/o 7'illmvaii Goswami aged 35 years R/o Sambalpur Police Station Dongargaon District Rajnandgaon, (C.G). k Dr. Thomas S/o P.A.Abrahim B.E.O m/S Christian FeUowship Hospital Shore Chandmari RaJnandgaon Disfarict Rajnandgaon (C.G). MEMORENDUM OF APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT 1988 .^'" ^) HIGH COURT OF CHHATTISGARH AT BILASPUR S.B: Hon'fble Shri Prashant Kumar Mishra M.A. (O No. 1185/2010 APPELLANT RESPONDENTS Branch Manager National Insurance Company Limited Branch Kamthi Line Rajnandgaon Versus Dflip and others Appearance: Shri B.N. Nande, counsel for the appellant. ORAL ORDER (02.12.2010) The instant appeal has been preferred by the insurance company challenging the interim award granted by the claims tribunal in favour ofthe claimants. Leamed counsel for the appellant would submit that the policy issued with regard to the offending vehicle do not cover the pillion rider and thus the learned tribunal should not have fastened the liability of paynient of interim compensation on the insurance company. (2) In the opinion of this court the question as to whether the policy would cover deceased or not is a matter ofevidence, which can only be gone after recording evidence ofthe parties. (3) No case for interference is made out in this appeal, which fails and is dismissed. Sd//- prashantK."marMishra le ^