T HIGH COURT OF JUDICATURE CMHATTISGARH : BILASPUR DIVISION BENCH CORAJVI : HON'BLE SHRIS.R.NAYAK.CJ. HON'BLE SHRI D.R. DESHIVIUKH, J. ^ JVlisc. Appeal No. 918 of 2006. APPELLANT i NON-APPL1CANTN0.1 RESPONDENTS -I.US 1 Vs. United India insurance Company Lsmited, Through Branch Manager, U.E.i.Co. Ltd., Near Ram Mandir, Ambikapur, District Sarguja (Chhattisgarh) 1. Mst. Rambaj, widowofLate Narayan Ram Rajwade, Occupation House wi'fe, Aged about 35 years, 2. Gitesh Rajwade, son of Lafe Narayan Ram Rajwade, Occupation Student, Aged about 13 years, 3. Pankaj Rajwade, son of Late Narayan R^m Rajwade, Ocqupation Student, Aged about 11 years, 4. Devendra Rajwade, son of Late Narayan Ram Rajwade, Occupation Student, Aged aboutQ years, Respondents no.2,3,4 minor through naturaj Guardian Mother Rambaj (respondent No.1), AII resident of VilEage, Police Station and Post Bishrampur, TahsiJ Surajpur, District Sarguja (ChhatSisgarh) CLAIMANTS 5. Khajan Singh, Occupation Vehide Owner, Through Baba Mastnath Transport Pvt. Ltd., Bishrampur, Collsery, Distt. Sarguja (Chhattisgarh), 6. Jhunuial, son of Milan Ram, permanent resident of Village AndhEa, Post Lakhanpur, District Sarguja (C.G.) and present resident of Baba Mastnath Transport Co. Limited, Bishrampur, District Sarguja (Chhattisgarh). NON-APPLICANT N0.2 AND 3. -s- 3^ -y <J>'^' Preserit: Shri H.B. Agrawal, iearned Sr. Advocate with Ms. Sangeeta Mishra, iearned counsel for the appeliant ORALORDER (Passedon 30tn August.ZOOS) The foliowing order of the Court was passed by D.R. Deshmukh,J. In this appeal the only point urged by the learned counsel for the insurance Company is that the learnect MACT erred in negating the pfea raised by the Insurance company that the accidentai death of Narayan Ram Rajwade was due to contributory negiigence on the part of the deceased. However, a perusal of para 3 of the award clearly showsthat !!1 I. ^>^.^' j\^^^-^' ^ ^c^ the claimants had cleariy pleaded that the driver of the truck N< <^.>" 1 |Q<^ ^^ ^^(ty^~ 2483 drove the said vehicie in a rash and negligent manner and suddenly -I! &"A- i^r .^ a^' ^ applied breaks without giving any parking light which resulted in accidental death ofthe deceased. From the perusa! ofthe award, it also appears that the Snsurance company ied no evidence to substantiate the plea of contributory negligenee. fn that view of the matter, the learned MACT was wholiy justified in negating the ,pSea raised by the insurance company relating to contributory negtigence. No. other point is urged in this appeal. in addition, jurisdictional police having investigated into the accident, filed charge sheet against the driver of the motor vehicie insured by the appeiiant insurance company. There is no iota of evidence to substantiate the plea taken by the insurance company. Appeal is devoid of merit and it is accordingly dismissed. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge } Mi