HiGH COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No. 295/M07 Single Bench: Hon'bie Shri Dilip Raosaheb Deshmukh, J. Apcellanti Non-Appellant No, RespondenU ApDlicant The Oriental Insurance Company Limited Malviya Nagar, Durg (CG) Through: Divisional Manager, Divisional Office, Malviya Nagar, Durg (CG) Versus Ditip Kumar S/o Kaluram Agedabout19years R/o Bhilai District Durg (CG) Raju Prasad Tiwari Slo Lakhan Prasad Aged about 30 years R/o Naya Para Ward No. 3 Balod District Durg (CG) Present: Shri Vipin Tiviari, learned counsel for the appellant. ORAL ORDER (Passed on 9>h March, 2007) The following oral orderwas passed by Dilip Raosah* Deshmukh, J. 2. i-1eard on I.A. No. 687C007 for exemption from filing certified copy of order. Learned counsel for the appellant submiis that no order under Section 170 of the Motor Vehicle Act was passed by the leamed M.A.C.T. Considered and allowed. 3 Heard on admission. 11 is not disputed that the Matador bearing No. CG 07 C/1471 was insured by the appellant on the date of acddent. Leamed M.A.C.T. held thaf Ihere was a breach of policy since the vehicle was being used for carrying passengers and therefore, granted right to the appellant/lnsurer to recnver the amount of compensation paid by him to the owner. The breach not being fundamental in naiure did not in any manner contribute to the accident. The leamed M.A.C.T. while imposing liability on the insurerto pay the compensation, has rightly given him the right to recover {he same from the owner. 4. There is no merit in the appeal which is being dismissed at the siage of admission. Priya Sd/- Dilip Raosaheb Deshmukh Judge