IGH COURT OF JUDICATURE CHHATTISGARH : BILASP (DIVISION BENCH) CORAM : Hon’ble Shri S.R. Nayak, CJ Hon’ble Shri Satish K. Agnihotri, J. Misc. App‘gal No. 858 9F 2W5 PPELLA ANT CLAIMANT Smt. Dhanwanti Devi wlo Shri Sureshwar Singh. aged about 56 years. Occupation u Agriculture, r/o village Kantida, P.S. & Tehsil “ . Lakhanpur, District $urguja, C.G. Versus 1. Ram Prakash s/o Jairoop, Ram, aged about 27 years, Occupation Agriculture, rlo village Tuma, P.S. Darima, Tehsil Ambikapur, District Surguja, C.G. (Driver) 2. Suresh Chandra Singh s/o Shri Girwar Singh, aged about 42 years, Occupation - Agricutture, r/o village / P.S. Jainagar, Tehsil Surajpur, District Surguja. C.G, 3. The Orientai Insurance Co. Ltd. Through Branch Manager, The Oriental insurance Co. Ltd. Ambikapur, District Surguja, C.G. (insurer ) Present: Mr. A.K. Prasad, learned counsel for the appellant; ORAL O ER (Passed on 13 of December 2006) The following order of the court was passed by S.R. Nayak, OJ. Undisputed facts are simple and straightforward and they are: The vehicle of the appellant, according to the appellant, was driven by an un-authorized person, not his driver and in the process, he caused the accident resulting in darnage to the vehicle of the appellant and injury to the other claimant. In the circumstanees of the case, according to us, Va/V ”DD. ._,.'.-«: w H UR ~1’ qurte rightly the MACT did not fasten the “ability to pay compensatton towards damage to the vehlcle on the Insurance Company Being aggrieved by the award of the Tnbunat, the appetlant has preferred this \ appeal centending that the MACT ought to have fastened the liability on the Insurance Company to pay the damages I compensation to the appellant. ‘ Having heard learnéd counsel for the appellant for considerable time, we cannot take any exception to the award made by the MACT. tt is in accordance with iaw. If damage is caused to the vehicte due to un- authorized interference by the third party, it is for the appeilantlowner to workout his legal remedies before the jurisdictional Civil Court and recover the damages. The appeal is dismissed accordingly. There shail be no order as to costs. Sdl- Sd/- Judge Chief Justice? SATISH K. ANGNIHOTRI