HI6H COURT OF CHHATTIS^RH AT BILASPUR M.A.No.137/2006 CORA^: Hon'ble Shri S.ft. Nayak, CJ &. Hon'ble Shri Dilip Rao^rfieb Deshmukh, J. isa APPELLANT NON-APPLJCANT No.3 The Oriental Insurance Co. Ltd,, City Bronch Office D. Komka, Complex, T.P.Nagar, Korba (C.6.) RESPONDENTS Versus 1. fiiridharihl 5/o Dujram Suryvanshi, Aged about 26 year, R/o. Village- Pendri, P.S< Janjgir, Tahsil-Jcxnjgir, District- Janjgir-Champa (Chhottisgarh) 2. Charanjit Singh Alias Chonne Singh, S/o Sardar Singh, Aged about 27 year, R/o Amraiyoipara, Korba, P.5. Korba, Tahsil and Distrjct Korba (Chhatl-isgarh). 3< Prakash Singh Badal, S/o Sardar Singh 6il, IVo Amraiyoparar, Korba, Police Station, Korba, Tahsil & District ICorba (C.6.) Shri A.K-Athaley, Counsel for the appellant ORAL ORbEK (Passed on 21st March, 2006) The following judgment of the Court was delivered by S.R.NAYAK.C.J. In thjs appeal preferred by the Insurance-Compony against the award pas^d by the Additional Motor Accident Cfaims Tribunal, Janj9ir, District Bilaspur dated 6.10.2004 in Claims Case No.2/2004, ^ — "2- ^ < ^Ttl^TV- the onjy 9round urged by the learned counsel for the oppellant is that the M.A.CT, ought not to have fastened the liabilit/ of paying the compensation to the first respondent injured. because. the first respondent was travelling as a gratuitous pas^nger when the accident took place. This plea was taken in the wrjtten statement filed by the Insurance-Company before the M.A.C.T. The M.A.C.T. having appreciated the above plea and the evidence adduced before it hous recorded the factual finding that the first respondent was travelling as a coolie engaged by -rtie owner of the vehicle involved in the accident to accompany the goods. We have perused the impugned award. The above factual finding recorded by the AA.A.C.T. could not be condemned for wont of legal evidence or on the ground of perversit/. No ground is made out to entertain this appeal. 2. This appeal is devoid of merit and it is accordingly dismissed. Sd/- ChiefJustice Sd/- Dilip Raosaheb Deshmukh Judge v