f, IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.l M. A. C.'ft No.........?.^t..»^../2007 APPLICANT: NON-APPLICANT /^ ^y^ ^ •iV '^ ~y / •fy ^r ^ y ^/ 1. Komal Singh S/o Shri Milan ^ Singh Aged about 26 years, Driver Mini Bus No. C.G. 08B/5036; R/o Dau Chaura Khairagarh, P. S. & Tehsil Khairagarh Distt. Rajnandgaon(C.G.). ^ ^ 2, Seepar Ram Lodhi^S/o Late Shri Maya Ram Lodhi, R/o Puraina, P.S. &, Tehsil Dongargarh; Dist Ragnandgaon (C.G.). Owner of Mini Bus No. 08B/5036 ; RESPONDENTS: VERSUS 1. Purushottam Ram Sahu; S/o Late Indal Sahu; aged about 45 years. 2. Smt. Parvati Sahu; W/o PuTushottam Safau; aged about 40 years; Both R/o Village Sankra; P. S. Kunibhari; Tehsil Dongargarh; Dist. Rajnandgaon (C.G.) fl. i3 pegs w^\^y- ® MISCELLANEOUS APPEAL U/S 173 MOTOR VEHCLE ACT, 1988 XI-HC-78 *11*1WI Sh+llch 3ST rt||<<10<q, aiTn^'KS, (eldl^y __^/).Cc^ fJf. A^WT 200^ 3ii^i 4a<»i(l^i^^.ff) 3TI^TWR-li+ cfin-3(1^1 sbtii* s^dTWHfwsn^r 'bifFci.'ft'Ttii^i-fTfffe1^ <Riwi<. ^ari^q'sn^T 28/02/2007 Shri R.N. Jha, counsel for the| Heard on admission. This appeal is preferred the Xlth Additiona! Motor Vehicle Ac( Rs. 50,000/- under Section 140 ofthe of no fault liability to the claimant Shri R.N. Jha, tearned counslei following: appellants. agairfst an order dated 6.2.2007 passed by ;(;ident Claims Tribunal, Durg awarding Motor Vehicles Acton the principles ag^inst the owner/appellant herein. is]el for the appeliant did not dispute the Prave4n Kumar occurred due to accident 9.8.2006 with the Bus No. CG 08 (a) That death of which took p!ade on B/5036. (b) That the applicant is| B/5036. and (c) That the above menti^ned bus was not insured on the date of accident. the owner of the Bus No. CG 08 The only point urged by the the deceased piliion rider died as motor cycle and contributed to the a|i deciding an application under Sec< urged by the learned counsel for the| interim compensation is awarded or( facts of the present case, for grant 140 of the IViotor Vehicles Act, the| satisfy whether (a) death occurred l^arned counsel for the appellant is that resutt of the negligent driving of the a|ccident. However, for the purposes of (lon 140 of the M.V. Act, the ground appellant is wholly irrelevant because the ground of no fault liability. In the i|>f interim compensation under Section leamed M.A.C.T. is only required to Idueto accident with the vehicle in XI-HC-78 tfTHCTT Sti*1)ch 3'Sg- "qiq|d4|, S'Tdu'IS, (s|dlU^< .^.:A-.c.o.<uc.:at?. Wf 200"^ 3ll^l 4ach ('ial^q^ff) 3ii^r^iTfs-ilt> ciS)T 3)1^1 Eh^i* ^<nwflf?(T3ti^T s. «bi<<Fn41-i ^i4<-iT'¥fet^)'<Ri<iii< ^ari^q'sn^r Kvr question (b) whether the applicant the bus was not insured. Since al| are satisfied the impugned order c; matter, this appeal being devoid admission. In view of above M.(C).P. stay, 1.A. No. 614/2007 and i.A. No.| C.C. as per rules. the owner of the bus and (c) whether the aforesaid conditions "A, B and C" inot be faulted with. In this view of the rf merit is dismissed at the stage of i.393/2007 which is an application for 615/2007 also stand dismissed. Sd/- DUip Raosaheb Deshmukh Judge