c ^^ </ IN THE HON'BLE HIGH COURT QF CHHATTISGARH AT BILASPUR M.A. (C) No.- /2009 (D.B.) APPELLANT nj-°-ion B? THE ORIENTAL INSURANCE COMPANY LIMITED, BRANCH OFFICE AMBEDKAR Sl^/- CHOWK, MANENDRAGARH ROAD M ^.R.^....;-;:::^^^crV-' f'es8BteAfc"i!...»?-^M""" (c-&> ^.^"-^ Jk^V AMBIKAPUR, DISTRICT SARGUJA ^ RESPONDENTS/CLAIMANTS:- 1. yrs- SMT. SUMARIYA W/0 LATE. SHRI ^ DHIRSAY, AGE 40 YRS., 2. ^ PANNALAL S/0 LATE DHIRSAY, AGE 25 ? YRS., 3.^ 4. ; 5. TULESHWARI D/0 LATE DHIRSAY, AGE 10YRS., YASHODA D/OLATE DHIRSAY, AGE 5 YRS., PREMAWATI W/0 RAJESHWAR D/0 LATE.DHIRSAY, AGE 22 YRS., CASTE- GOND, RESIDENT- VILLAGE KAUSHALPUR, THANA- SHRINAGAR TAHSIL- SURAJPUR, DISTRICT- SARGUJA (C.G.) . . . REST CLAIMANTS CASTE GOND,RESIDENT-VILLAGE CHHINDIYA, THANA- PATNA, TAH.- BAIKUNTHPUR, DISTRICT-KORIYA (C.G.) RESPONDENTS/NON-APPLICANTS:- 6. ^ RAMCHARAN SINGH S/0 RAGAM SAY, RESIDENT VILLAGE- MANPUR, THANA & TAHSIL SURAJPUR, OCCUPATION- OWNER VEHICLE, DISTRICT-SARGUJA (C.G.), ABDUL RAIES ALIAS RAHIM ALIAS CHHOTU S/0 ABDUL RAZZAK, AGE 21 l^— ..2.. ,/ 1 (f ..2.. YRS. OCCUPATION- VEHICLE DRIVER, RESIDENT- VILLAGE MANPUR, DISTRICT- SARGUJA (C.G.) APPEAL UNDER SECTIONJ173 QF MOTQR VEHICLE ACT 1988 HIGH COURT OF CHHATTISGARH, BILA8PUR APPELLANT RB8PONDBNTS: DB: Hon*ble I. M. QUDDUSI 8s Hon»bleG. MINHAJUDDIN, JJ M. A (Ct No. 1419/2009 The Oriental Insuraace Co, Ltd Vs. Smt. Sumadya aad ofhers MISC. APPBAL UNDBR SBCTION 173 OP THE MOTOR VBHICLB8 ACT, 1988 Appearance: Mr, Sudhir Agrawal, counsel for fhe appeUaat ORALORDBR (05.08.2011) Per I.M. OUDDU8I, J, List is beiag revised. Case is agaia called out, No one appears for fhe respondents even when the niatter is caUed twice, However, Mr. Sudhir Agrawal, counsel for fhe insurance Conipaay is present, Therefore, we have heard learaed counsel for the appeUant aad proceeded ex-parte against the respondeats, This appeal has been filed by ftie Insuraace ComLpaay agamst the itapugned award dated 27,06,2009 passed by the Motor Accident Clabns Tnbunal, Koria (Baikunfhpur), (C.G) ia Claim Case No.42/2007 so far as it relates to fasteniag ofUability, Brief facts of fhe case as per the version of the claimaiits are that on 17.11^2007 deceased Dheersai was goiag to his duty ia Kafkona coUiery by his Motorcycle bearing Regn,No.C.G.16- D/0218. When he reached Chhiadiya Chowk near Pataa, one Mahindra Max Pick Up bearing Regn.No.C.G.15-A/6383 which was being driven by Non-Applicant no.2 ia a rash aad negUgent inanner dashed fhe inotorcycle, as a result ofwhich, Dheersai sustaiaed grievous iajuries aad died on fhe spot, At fhe tmie of accident, the deceased was aged about 45 years; he was workmg as Categoiy-IV employee m SECL aad was drawiag a nionthly salary of Rs. 14,992/-. The appeUaats beiag dependents/legal representatives have JSled claitn petition u/s 166 offhe Motor Vehicles Act for the award oftotal corapensation ofRs,67,27,984 on various heads. 4. The leamed Claims Tribunal has held fliat the said Max Pick up dashed fhe motorcycle of fhe deceased, as a rcsult of which deceased died; there was no contariibutory negUgence of fhe deceased aad fh.ere was no breach of conditions of fhe iasurance poUcy. Haviag fhus held, it has awarded a total coxapensation of Rs.20,53,920/- which flie claimaats are entiUed to receive froin fhe non-appUcaats joiatly and severally, 5. We have heard leamed counsel for the parties at lengfh aad have also gone fhrough fhe records, 6. A penisal of the record shows fhat fhe msiiraace pollcy was a Package Policy for Zone-C goods carryiag vehicle (ofher fhan 3 wheelers). The vehicle was also Mahiadra Pick Up, but fhe , driver was not haviag valid aad effective driviag Ucense for driviag fhe goods vehicle aad was haviag only LMV Ucense for non-traasport vehicles. Therefore/the Insuraace Compaay is Uable to be exonerated aad accordingly fhe appeUaat i^ Rao ^l exonerated from the liability to pay compensation. However, it wffl be open for the clamiants to recover compensatlon acaount from fhe owner of fhe vehicle. 7. In the rcsult, the appeal is aUowed. No order as to cost(s). ^T- Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge 1