s IN 1HE HOiN'BLJ^ H1GH GUURF OrCHHAlTtSGARH JUDICATURE AT BILASPUR M. A. (C) ^ APPELLANT CLAIMANT /2007 ^•Smt. Maheshwari, Widow ofLate Jaaaiv Aged about 23 years, Caste- Prajapati (Kumhar), R/o- Village- Aara, Chowki Bario, P.S. Dhourpur, Tehsil - Rajpur, Distt. Surguja, Chhattisgarh. VERSUS .4'. NON-APPELLANTS: 1.. Shamsuddin Khan, ^ y ^ S/o-KabirKhan, Aged about 55 years, Caste- M^uslim, Occupation- Driver, R/o- Village- Jarhagarh, Ambikapur, P.S. & Tehsil - Ambikapur, Distt. Surguja, Chhattisgarh. .... ^~2,/ Abdul Rashid Klian, ^•''u\^\^r / s/o-Late Gulam Rasool Khan, '€>^\^'Y<^ Aged about 65 years, ^l ^'^?''.. Caste- Muslim, '^ P^*A-C^^ Occupation- Bus Owner, R/o- Mahamaya Road, Ambikapur, P.S. & Tehsil - Ambikapur, Distt. Surguja, C.G. :^ ^•\^"^ ^>' <L 3.•; Branch Manager, Oriental Insurance Company, Near Ambedkar Chowk Manendragarh Road, Ambikapur, P.S. & Tehsil - Ambikapur, Distt. Surguja, Chhattisgarh. ^ f_ 4. ^ Mu. Sanjho Bai, D/o- Gavriha, Aged about 24 years, Ku. Injoria, D/o- Not known, Aged about 4 years, Through - Natural Guardian Mother Mu. Sanjho Bai, D/o- Gavriha, R/o- Village- Barkol, Tehsil - Lundra, Distt. Surguja, Chhattisgarh. :6.rf) ^ Ramdhari, S/o-Late Sukhan, , (^ Occupation - Agriculture, Aged about 22 years, R/o- Village- Chiranga, Nawapara, P.S. & Tehsil - Lundra, Distt. Surguja, Chhattisgarh. MEMORANDUM OF APPEAL UNDER SECTION isf3(i} ^ @ OFTHE MOTOR VEHICLE ACT 1988 (CLAIM APPEAL VALUED AT Rs. 16,70,000/-) -^^ ^ y^ HIGH COURT OF CHHATTISGARH : BILASPUR M.A. (QNo. 587 of 2007 Appellant Smt. Maheshwari Versus Respondents Shamsuddin Khan & others MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 DB: Hon'ble Shri I. M. Quddusi 8& Hon'ble Shri G. Minhajuddin, JJ Shri Qumrul Aziz, Advocate for the appellant. Shri Rahul Mishra, Advocate for the respondents No. 2 & 3. Shri Arun Shukla, Advocate for the respondents No. 4, 5 &6. ORDER fOral) ( Passed on this 29th day ofJune, 2011 ) Per I. M. Quddusi J. The instant appeal, filed by the appellant (Smt. Maheshwari), arises from the award dated 29th March, 2007, passed by the Second Additional Motor Accident Claims Tribunal, Ambikapur (Surguja), in Claim Case No. 44/2006. The facts, in brief, are that Janau Ram alias Janeudhari Prajapati was engaged as Khalasi in Rashid Bus Servrice. On 17.4.2004 due to rash and negligent driving of driver - Shamsuddin Khan the vehicle, bearing registration No. 15-A/2080 met with an accident on Shankar Ghat turning. In that accident Janau Ram alias Janeudhari Prajapati died. The present appellant (Smt. Maheshwari) claiming her as widow of deceased Janau Ram alias Janeudhari Prajapati filed a Claim^ Case No. 44/2006 for awardof a total compensation of Rs. 16,70,000/-. Another claim petition, bearing Claim Case No. 31/2006 was filed by ^,^r^ ^ 7-- Smf. Sanjho Bai claiming her as widow of deceased Janau Ram alias Janeudhari Prajapati, wherein Kumari Injoriya, ( four years minor daughter) and Ramdhari were arrayed as claimants No. 2 and 3. Learned Claims Tribunal by the common award dated 29.3.2007 dismissed th^ Claim Case No. 44/2006 ( Smt. Maheshwari Vs. Shamsuddin Khan) finding that she could not prove herself as widow of the deceased and allowed the Claim Case No. 31/2006 (Mst. Sanjho 85 two others Vs. Haji Abdul Rashid Khan' & 3 others) awarding a total sum of Rs. 4,25,000/- to the claimants No. 1 and 2 finding them. as legal heirs of the deceased. Besides other things, it has come in evidence that Maheshwari was wife of Inder Kumar but later on as a deserted woman she started to receive pension under Sukhad Sahara Yojna from.thc year 2003, which was proved by Mohan, who was Sarpanch of Village Aara. No rebuttal has been made on behalf of the appellant in this regard. In the electoral roll also name of the deceased has not been mentioned as husband ofthe appellant, rather, the name of Sanjho Bai has been mentioned in records as wife of the deceased. Therefore, there is no ground to interfere with the impugned award which is affirmed. In view of the foregoing, the appeal has no force therefore the same is dismissed. No order as to costs. Thakur Sd/- I.M.Quddusi Judge Sd/- a ^hajuddin Judge