(1) cr ^'7- IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR t33^/ M.A. fONo. 72008 l5.-0 - °_ .. tp yivsion ssn&ift APPELLANTS/ Claimants .^{^Sh 2-£''"t ^is^v~~ "'^'•^^' yff: %- '.:-^ ^t^, RESPONDENTS/ Owner Insurer :1 2. 3. 4. 5. Puna Kumari, Wd/o Shyamlal, aged about 33 years, Rajesh S/o Late Shyamlal, aged about 15 years, Sanjay S/o Late Shyamlal, aged about 12 years, Parmila, D/o Late Shyamlal, aged about 10 years, Sumina, D/o Late Shyamlal, aged aboutS years, Appellant no. 2 to 5 are minors, through Natural Guardian Mother appellant no. 1, All R/o Village Shivaripara Bhatgaon, P.S. Pratappur, Distt. Sarguja VERSUS Nadheer Sai, S/o Bheduram, aged about 40 years, R/o Village Shivaripara -Bhatgaon, P.S. Pratappur, Distt. Sarguja (C.G.) Branch Manager, United India Insurance Company Limited, Branch Ambikapur, Post & Town Ambikapur, Distt. Sarguja (C.G.) Daiya Wd/o Sagram, aged about 50 years, caste Kanwar, R/oVillage Pahad Amroni, P.S. Pratappur, Distt. Sarguja (C.G.) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT 1988 1 'JJ 'tfe)^'^ <^8SE»^£^iL<y ^' HIGH COURT OF CHHATTISGARH, BILASPUR DB: HON'BLE I.M. QUDDUSI 8s HON'BLE PRA8HANT KUMAR MI8HRA, JJ M^A. (C). No. 1333 QF 2008 APPELLANTS Plina Kuinari aad ofhers Vs. APPEAL UNDER SBCTION 173 OF THE MOTOR VEHICLBS ACT. 1988 APPEARANCE: Mr. D. N. Prajapati, counsel for the appeUauts. Mr. H. B. Agrawal, Sr. advocate wifh Mrs. Meera Jaiswal, counsel for respondent no.2. ORDER (ORALl (07.03.2011) Per I.M. QUDDUSLJ ' 1. This appeal has been filed by the claimaiits against fhe impugned award dated 21.7.2008 passed by the Addl. Motor Accident Claims Tnbunal (FTC) Pratappur, Distt. Sarguja (C.G) ia claim. case No.543/2007 disinissiag the claiin. 2. Brief facts of the case as per fhe version ofthe claimaats are fhat at about 4.00 p.m. of 3.11.2004, deceased Shyamlal Kaawar was goiag to Shivaripara on Hero Puch bearing Regn.No. C.G.15-B/3627. On fhe way near Kamwa Main Road the front tire ofthe two wheeler was burst and the axel of fhe wheel was also broken, fherefore, fhe vehicle became uncontroUed and dashed against a cycle, as a result ofwhicli fhe deceased died. At the tiine of accident, the deceased was aged about 35 years, He was workuig as tender operator ia S.E.C.L. Kalyaoii Bhalgaon and was eamiug Rs.40,000/- per nnniirn. Appellants betug dependents/legal representatives ofthe deceased have made claim for fhe death ofdeceased to the tune ofRs.19,25,000/-. 3. The learaed claiias Tribuxial has held that the offenduig vehicle was iavolved ia fhe accident in which the deceased RBSPONDBNTS Nadheer Sai and ofhers .l-?!83*3^... ^y"^ ^^. .<t'-':rf*2i. '^ .<»a°te. ' i': f-ffiSKsi. died aad at fhe tune of accident, the ofifendiug vehicle was iusured with respondent no.2. We have perused the tenns of the iasurance policy which is a package poUcy aad coinpulsory PA to owner-cum.-dnver's liabUity is Itmited to Rs.l laJkh. Siace fhe owner was also sittmg as piUion rider and fhe deceased was driviag the Hero Puch vehicle as a representative of the owner and with his permission, fi)r all purposes, he would be ta-eated as representative of the owner aud accordiag to the package policy, the driver wiU be entitled to get fhe amoiuut of coinpensation only to the extent of Rs. 1 lakh. In view of the abbve, fhe appeal is aUowed in part. The iusurance coinpany is liable to pay Rs.l ]akh to the claunants with 7% interest per acmuin fi-oin the date of filing of fhe claun petition tiU fhe payment is made. No ofher coiupensation under any ofher head is liable to be granted. Accordiagly, the iiapugned award dated 21.07.2008 is inodified to fhe above extent. No order as to costs. Sd/- I.M.Quddusi Judge pras'nant Kumar Mishra t>, Judge