^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: CHHATTISGARH Cc^^- . @! MISC. APPEAL N0. ^a—OF 2006 APPELLANT ^The United India Insurance |<ON-APPLICANT N0.3 Company Ltd., Madina Building, Jail Road, Raipur (CG) RESPONDENTS Versus Bhim Sahu, S/o Johatram Sahu, aged about 27 years, R/o Village - sarsopuri, Tehsil & Distt. Dhamtari (CG) Sheikh Akram, S/o Shjeikh Shakoor, aged about 27 years, R/o Vivekanand Nagar, Dhamtari, Prop. National Engineering College, Ratnabandha Chowk, Dhamtari, Distt. Dhamtari (CG) ^: fNon-Applicant no. 1 & 2) ^" Kh u man Si ng h Sahu, S/o ukhram Sahu, aged about 40 years ^•; Jethin Bai W/o Khuman Singh Sahu, aged about 38 years, fClaimants^ (Both R/o Village - Bhalujhulan, Tehsil - Kurud, Distt. Dhamtari (CG) MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLESACT, 1988 XI-HC-78 ^n^T^T^ich "tTSTT 3TRST $ti^|cb ^' <$TX| *IT*R?TTSh^|th •^i^ i^i^, ^Tfl<i1Ko, f^cn i<i^< j^,.^i./?».^y-,*j.^rf^.4^. ^OQ^ 3TT^T tRT^ (yil^q^) ^TT^K ^Tf?<T 3TT^T 11.09.2006 Shri Sanjay S. Agrawal, l^arned counsel for the appeliant/lnsurance Company. Heard on I.A.No. 2489/t copy of the order as reqyired Insurance Company ischalieng| of breach of insurance policy 4 Motor Vehicle Act. For the reasons indicatedl Heard on admission. )6, application for exemption from fiiing under Section 170 of the Act since the ng the impugned award only on the basis |s required under Section 149(2) of the 4^ Learned counsel for the that at the time of accident the|re vehicle being motorcyde and contravention of the policy as| occupy the motorcycie. Howev^ the Court below. i have heard learned impugned award passed by the Taking into consideration| the learned Claims Tribunal appeiiant by recording a finding|that the prove that the above breach of owner of the vehicie and furthel 4)i^fd41^ Hm^rf ^ te^t <^^i< ^3^^T3Tr^T in I.A.No. 2489/06, it is ailowed. appellant submits that it is admitted fact were three passengers occupying the as such the vehicle was being run in only two passengers are permitted to ^r, this.aspect has not been considered by coMnsei for the appeilant and perused the laims Tribunal that fact that while deciding issue No. 2 |has decided this question against the Insurance Company:has failed to |)olicy was committed with the consent of in view of the judgment in the matter of XI-HC-78 3TT^T^Tf^TW crSTTW^T$b^lcb l/ r^" ^n yt l-TTR^n SbHlcb 3^ET ^ii^id^, ^TftaTT?, [s«vll^y . .M; A; (C.\^^-. ».^ 200 6 ap 3TTi(?r^raw(yii^^) ?^TTW ^rfN' CT^T ^2. National insurance Companv A.CJ. 1 , I am of the opinion ti| impugned award passed by the appeal being without substance) stage itseif and the sameis herej ^at there is no i!Iegality or infirmity in the ^arned Claims Tribunal. Accordingly, the is liabie to be dismissed at the motion |)ydismissed. In view ofthe above, M.C .P.No. 1364/06 stands disposed of. chl<4ld41rl WI^ff ^* te^ <f^<^l< ^^rf^T3TI^T Vs. Swarn Sinah reported in 2004(11 Sd/- Dhirendra Mishra Judge P.T.O.