r i ,' i?lssaf? K"'T*I c^ J^ / k IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR n/i.A. (C) No.- ( 'y^ 1 / ^oos> APPELLANT .^5?^ ^ey". <?> ?.• t:vi' ^..\!s' w'g^K~ ';' -sSS-' THE ORIENTAL INSURANCE COMPANV LIMITED, BRANCH MANAGER MAIN ROAD, SADAR BAZAR JAGDALPUR, TAH. <& DISTRICT JAGDALPUR (C.G.) (INSURANCE COMPANY OF VEHICLE N0.- C.G. 17 D 0269) w Vrs. RESPONDENTS/CLAIMANTS :- t^ Z-S 1. SMT. PREMA DEVI W/0 UDAN SINGH YADAV, AGE 55 YRS. 2. UDANSINGH S/0 LATE BHANGULAL YADAV, AGE 60 YRS. BOTH RESIDENT OF BANIYA PARA DHAMTARI, TAH. <& DISTRICT - DHAMTARI (C.G.) RESPONDENTS/NON-APPLICANTS -5 3. GYANENDRA PRATAP SINGH S/0 GULAB SINGH, AGE 27 YRS, RESIDENT OF KATORA TALAB NETAJI CHOWK, CIVIL LINE RAIPUR, TAH. & DISTRICT - RAIPUR (C.G.) (DRIVER OF VEHICLE MARSHAL N0.- C.G. 17 D 0269) 4. RAMBARAN SHUKLA S/0 B.P. SHUKLA, AGE- 55 YRS., RESIDENT OF AAKANCHA HOTEL JAGDALPUR, DISTRICT - JAGDALPUR (C.G.) (OWNER OF VEHICLE MARSHAL N0.- C.G. 17 D 0269) APPEAL UNDER SECTION 173 OF MOTOR VEfflCLE ACT 1988 -TCkxr TntTnTOTk i •^TdXUL ^fw''^^. HIGH COURT OF CHHATTISGARH AT BHASPUR M.A. (Ct N0. 1571 OF 2008 APPBLLANT ^^PONDEN'RS The Oriental Insurance Company Limlted. Versus Smt. Prema Devi and otliers. APPEAL UNDEK SECTION 173 OF THE MOTOR VEmCLES ACT. 2988 Division Bench:Hon'ble8hri I.M. Quddtisi &> Hoa'ble Shri G. Minhaluddin. JJ. Presents Slii'i Sudhii' Agfawal, counsel for the appeUant ORALORDEa (Passed on 2l«*day ofJune, 2011} Per I.M. Ouddusi. J. Heard. 2. This appeal has been filed agauist the impugiied award dated 05-09-2008 passed by Additioxial Motor Accident Claluis Tribunal, Balod, Disti'ict Durg (for short the Tribunal) iii Clalm Case No. 10/2006 by the appeUant - Insurance Gompaiiy, as the Insm'ance Company has been Uable to pay compensation to the claimants. 3. Brief facts of fhe case are that on 01-10-2005 deceased Rajkiunar, son of the clakaants was gomg froin Dliamtarl to Jagdalpui' for Devi Darsliaii along wifh liis friends by Bolero bearing registi-ation No. C.G. 13-D/13.42. Wl-iile retui'iimg, on fhe way, fhe said Bolei-o dashed flie standiiig Truck due to which one of flie fl'iends of Rajkuiaar, namely Javed AU sustakied iiijui'ies. Therefore, he was taken to Dhamtarl by aiiother veUcle l.e. Marshal Jeep bearing registi-atioi> No. C.G. 17D/0269 and due to rash and negligent driving of the drivei' of fhe Marshal, ^cff^tSJSi^ s. ^.., .,.^^^&. t j j t ^ J i ''%.. ~:t!ssifr'-Jf" 'fc-..,.^-'"y Jeep, the said Jeep coUided wlth a tree as a result ofwhich Rajkumar succiimbed to the injuries In fhe said accident 4. The claimants Le. parents of Uie deceased had ffled a petition mider Section 166 of the Motor Vehicles Act (for short the Acf) before tl-ie Tribunal claiming a total amount of compensation of Rs.32,25,000/- for tlie death of flieir son alongwlfli interest@ 12% per annum. 5. The leai'ned Tribunal on a close sci-utuiy of evidence led, material placed and submlssions made by fhe pai'ties, has awarded a siim of Rs.4,15,280/- along with interest @ 6% per aiiniim fi'om the date of applicatlon. The said amouiit has been dii'ected to be paid by the Insiirance Company. 6. Learned counsel for fhe appeUant/Insurance Compaiiy Shri Sudliii' Agi'awal has contended fhat fl-ie Insiirance Conipany was not liable to pay compensation to the claunants as the kisurance policy of the vehicle iii question i.e. C.G. 17 D/0269 (Mai'slial Jeep) which was made as a private vehlcle. The same was being used as a taxi, as accordiiig to the evidence of flie witoess of Che claiinaiits AW-1 Udan Siiigh made in paragi-aph 9, it is cleai tliat the veliicle (Mai'shal Jeep) which was hii-ed by the deceased. Further, It was not a case of third party accldent, the Tribiinal has decided the case as if it was a third party accident, as is clear from paragraph 42 of fhe award impugned in which it lias been held tliat in the case of tliird party insurance, fhe Insiu-ance Compaiiy is liable to pay compensation to all persons iinder the policy except tlie owner of tlie vehide. In fact, ftie occupant of the vehlcle namely Rajkumar has died due to the coUision of the veliicle with the tree. Furfher, there was Umlt up to rupees one lakfa m fhe insurance policy for fhe occupants for fhe use as a prreate vehicle. ) 'ssy^ 7. We liave perused tlie Impugned award and found tiiat it was not a case of tturd party accident and iii (he award it has been meiitioned tliat the vehicle was changed neai' Parasgaon when tlie deceased was commg back after havuig Devl Dai'shan ft'om Bastar. He had gone to Bastar by Bolero vehlcle and returned back by Marshal Jeep wliich was taken on hii-e which collided with a ti-ee. 8. In view of tiie above, tlie fiiidings glven by the Claims Tribunal 'in 'its award ai-e perverse aad as such we are of the opinlon that fhe award impugned is Uable to be set aside aiid fhe matter requires reconsidei-ation at the end of fhe Tribunal. Accordingfy, we allow the appeal parfly and the award iinpugned dated 05-09-2008 is set aside. The matter is reinitted back to the Tribunal concemed to declde tiie matter afresh takiiig into consldei-atlon fhe above inentioned aspects. It wUl be open for fhe parties to adduce further evidence, file documents or get (he documents verified ete., on fhe basis of the pleadu^s ah-eady on record. 9. Since none one is present for (he respondents, fhe Insurance Company sliall appear thi^ough its representative or its couasel before the Clauns Tribuaal on 25-07-2011. Thereafter, notices shall be issued to the parties. The amount which is ui deposit shall remaui in deposit tUl the award is passed afl'esh. The records of (he Tribunal shaU be sent back wifliout aiiy further delay. 10. No order as to costs. Sd/- I.M.QUddusi Judge Judge Ba-