^ %l:;'3il^i. ® IIK ^y N IN THE HIGH COURT GF JUDICA'TUKE AT BILASPUR [CHHATTISGARH] >/^^,n<u CsvisioRBSnch MISCELLANEOUS APPEAL UNDER SECTION 1TS OF MOTOR VEmCLESACT.1988 APPELLANT/ INSURER .^,< ^^.f /€^ y^y /^ v /•y/ ^^ y ?"^ / Natioiial Insurance Co. Ltd., Tnhmugh Ass^tsnt Manager NafcKMial Itisufaace Co. Ltd., B-t, Taha Complex, First FIoor^ Ring Road^ Priyadafshmi Nagaf Bitaspur (Chhattisgarh) RE^ONDENTS/ ^YRIVER OF TRUCK; VERSUS RESPONDENTS .FERSOFTRUCiq RESPONDENTS/ [pLAIMANTS] ^l. Mohammed. Hussam, S/o ^-Mija.n Ansaa, Aged about 35 yea£S,R/a Kunwa Bhatta, Korba, District Korba [CG] 2. Utmila Sin-^i Gautam, W/a ^opal Singb Gautatn^ aged R/& MIG -125, Mabatana Pratap Nagar, Korba^ Distt. Kofba [Chhattisgadi| S.jBudheshwai Prasad, S/a Heeralal, aged about 48 yrs. 4. Rameshwar Prasad^ S/o Heetalal, aged about 45 yrs. Respondent No. 3 & 4 both R/G Budfawari Ba^ar, Near Gopal TaBdes^ Sakti, Pl S.& Tehsil - .Sakti, District. Jatiigit ~ Cliampa [C.G] Ram Niwas^ S/o Natiduraffl: y^ Agfawal, ^ed about 36 yc?^^ <^^.^ R^kuinari,W/aRatnNtwasi aged about 42 years' r Respoticteiit No .5 & 6 Ix^ih R/o Sakti Ward No.6,ISatef, P. S .&TefasiI-Sakfa,D^tWt Jaiijgif - Ch^npa {CC5} :^.^^1 @ MEMORANDUM OF APPEAI. UNDER SECTION 173 QF THE MOTOR VEHICLE AFT WK8 1 c c HI^H COURT OF CHWATTIS6AftH AT BIUSPUR DIVISiONBENCH: HON'BLEMR. I.M.QUt3l>USI& HON'BLEMR.NAWAL XISMOREA@ARWAL. JJ. ^Dpellant (Claimont) Respondents M.A. N0.1Q48/2004 Nortional Insurance Co, Limited . Bilaspur Vs Mohcimmed Hussain &ol4iers Pr©s@nt: Mr. S.K. Agarwal, Adv. with Mr. S. Sharma, Adv. for the appellant. l^ None for respondent Nos.l & 2, X. Mr. C.P.Lxsiharey, Adv. for Mr^P. ^pta, Adv, for^r^ OROEftCOraI) (20th November. 2010) I.M. QuddusL J; L Heard. ' 2. The appeiiant-insurance company has filed this miscellaneous appeal against the imDUQned award dated 17,7.2004 passedby the ieamed Additional Motor Accident Claims Tribynal, SQkti, District Bi laspur (for brevity 'the tribunal') in Claim Case No.37/2003 holding the insurance compQny, the owner and the driver of the yehicies ihvolved in the accident joint satisfy the award. k.. 3. Facts of the case, in brief, are thaton 01.01.2003 in the night at about 2.00 ^^ a,m. the deceased ^unna^JaJDrakash.Aaarwalwastra^ veh icle bearing registration number C^ll-ZD-0103. At the reievant time the said vehicle was drive^i.owned and msured by the resp appeilosnt herein. The said vehicl'e has dashed the vehicle bearing registration number C^12-%33, which was parked on -t+ie road without parking Iight/ as a resuIt of wh ich the deceased, who was Sitting in the said vehicle, sustained various injuries on Ki^^^^^ irrjurjes. On account of death of said Munna, the cJaimants, who are parents of the deceased. have filed the claim petition seeking compensation to the tuneofRs.24,59.903/- under vanous headson the ground thatth? deceased 2 was the only earning member in^^^W •^~ income. 4. The tribunal, after mdrshalling the evid^^ parties, dilowed the clajm^^^^^^^^c^ awarded an amount of Rs.3,59,903/- as compensation, The^^^^^^^^ further directed that 50% each of the awarded amountshall be^^^^^^^^^ Qwner, driver and insurerof the both the vehicles involved in the accident. 5. We have heard learned coun^ award asalso recordfi of the tribunal below. "^ c c ^ 6. It is an aclmittecl fact in the present aase that at 1+ie time of accident both the veh icleswere insured with the appeilant-insurance company, »7. After going through the records, we are of the opinion tha^^ infirmity and improprjety in the findinQ of the tribunal that the appellQnt- insurance company faiied to prove the breach of poficy and as such the insurance company is iiable to satisfy the award, more DartjcuJarly, in view of the admitted position that on 1tie fateful day both the vehicles inyoived In the accidentwere jnsur^d wi1^ theappell^ 8< In 1+ie result/the appeal hasnot^^ hereby dismjssed, No order ds to costs. Roshan/-—./ Sd/- I.M.Quddusi Judge . -,-.^^ Sd/- N. K. Agarwal Judge ^