(6)f ^ ^l' ^' .^ BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.C.NO.^fO /2010 Ojvision BenA APPELLANT ^ EFEND N0.2.^^ ^y ^ ..» ^ N9,2,^ ?^^ ^^<3 ^ vjk RESPONb. N0.1 CLAIMANT N0.1 RESPOND. N0.2 CL^IMANT N0. 2 RESPONb. N0.3 DEFENDANTNO.l 19rie"tal Insurance Company Limited, Branch Office - Champa Distt. Janjgir- Champa, through the Divisional Manager, bivisional Office, Bilaspur (CG) v/s 1. 2. 3. Paan Bai, aged about 45 years, wife of Shri ^hasiram Chhotelal, aged about 20 years, son of Shri Ghansi Ram, Both R/o. Chantipali, Tah. Mal Kharauda, Distt. Janjgir-Champa (CG) MohanLal, aged about 34 years, son of Vishal Sahu, R/o. Tamnar, Tah. Sakti, bistt. Janjgir-Champa (CG) (Owner) ^^" MEMO OF APPEAL UNbER SECTCON 173 OF THE MOTOR VEHICLE ACT. 1988 HIGH COURT OF CHHATTISGARH : BILASPUR M.A. (Q No. 910 of 2010 Appellanf Oriental Insurance Company Ltd. Versus Respondents Paan Bai & others MISC.APPEAL UNDER SECTIQN 173 QF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri I. M. Quddusi 8s Hon'ble Shri N. K. Agarwal, JJ Shri Prashant Jayaswal, Senior Advocate with Shri Ajay Mishra, Advocate for the appellant. None for the'respondents, despite service ofnotice. ORDER (Oral) ( Passed on this 23rd day of November, 2010 ) PerI. M. Quddusi J. Heard. , * 1. The instant appeal, filed by the appellant Insurance Company, arises from the award dated 26th February, 2010, passed by the Additional Motor Accident Claims Tribunal, Sakti, District - Janjgir Champa in Claim Case No. 21/2009; on the ground ofliability. 2. The facts, in brief, are that on 6.5.2008 at 4.30 p.m. in the evening when the deceased Sarvran, driving the Tractor, bearing registration No. C.G. 1 l-A/5614, was going to pond, on Temer - Sakti road a cow came at once in front of the Tractor, because of this, the accident occurred. The steering of the Tractor pierced in the throat of Sarvan, which resulted in stoppage of his breath and thus he died on the spot. 3. The mother and brother, being legal heirs of the deceased, had filed a claim case under Section 163 (A) of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 6,76,000/- under various heads. Learned Tribunal, having regard to the facts and circumstances and the evidence on record, granted a total compensation of Rs. 3,24,000/- along with interest at the rate of 6% per annuni from the date of the application. We have heard learned counsel appearing for the appellant and perused the record. The main contention raised by learned counsel appearing for the appellant Insurance Company is that the driver of the vehicle was not having the valid and effective driving licence, but in that regard the owner of the vehicle has stated that the deceased driver, namely Sarvan, was a qualified driver and he was having an effective and valid driving licence at the time of accident, which was handed over by this witness to the police investigating officer. No evidence has been produced by the appellant - Insurance Company before the M.A.C.T. concerned to prove that the deceased driver of the vehicle was not having a valid and effective driving licence. Therefore, in the absence of the same, as burden to prove this was on the Insurance Company, which failed to prove the same, it cannot be said that the deceased driver was not having the valid and effective driving licence at the time of accident. In view of the above, the appeal fails and is dismissed. Sd/- I.M.Quddusi Judge Sd/- N.K. Agrawal Judge Thakur