IN THE HIGH COURT OF 3UDICATURE AT BILASPUR: CHHATTISGARJ1 "^~~~~~~~ Singl& Bench MISC. APPEAL N0. ^\ OF 2006 APPELLANT ^The United India Insurance J^ON-APPLICANT N0. 3 Company Ltd., Madina Building, Jail Road, Raipur (CG) •'. &ESPQNDENTS 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 nori & 2^ 3. Pardeshi Ram, S/o ^ Aghanuram Kanwar, aged about 45 years ^. Pancho Bai, W/o Pardeshi Ram, aged about 42 years ^,. fClaimants^ (Both R/o Village - Bhalujhulan, Tehsil - Kurud, Distt. Dhamtari (CG) MISCELLANEOUS APPEAL UNDER SECTION 173 OF MOTOR VEHICLES ACT, 1988 XI-HC-78 3TI^?T^T^i<=b cTSTT3TT^T$h^lch Hl*1^1 8lW^l 3^T ^^TPTT^ra', ^tn<-t4I<o, f®(<nw^< ...jMAL^^.l.. ^2ft(^ 3l 1^1 M?ich (yit^q^) ?^TTW: ^TfN'^[?T 11.09.2006 Shri Sanjay S. Agrawai, ie|arned counsei for the appellant/insurance Company. Heard on I.A.No. 2488/C|6, copy of the order as required Insurance Company is chaliengi|ig of breach of insurance poiicy a^ Motor Vehicle Act. !, appiication for exemption from fiiing Under Section 170 of the Act since the the impugned award oniy on the basis required under Section 149(2) of the For the reason indicated iih i.A.No. 2488/06, the same is aliowed. Heard on admission. Learned counsel for the that at the time of accident the( vehicle being motorcycle and contravention of the poiicy as | occupy the motorcycle. Howev^r the Court below. I have heard iearned coitinsel impugned award passed by the Taking into consideration | the learned CIaims Tribunal appellant by recording a finding prove that the above breach of owner of the vehicle and furtherl ct)i^F<i^nTi WT^ff ^ te^ <^i<-cti< ^'3:ri^T3TI^T ^ppeliant submits that it is admitted fact j-e were three passengers occupying the |as such the vehicle was being run in oniy two passengers are permitted to ', this.aspect has not been considered by for the appeliant and perused the Ciaims Tribunal |that fact that while deciding issue No. 2 i|ias decided this question against the |:hat the Insurance Company has faiied to ^olicy was committed with the consent of in view of the judgment in the matter of XI-HC-78 3TT^T^T^i<=b cT8TT3TI^T5h^i<=h K»<»ft ^Sr ^' ^ll+ldl ?b+1ich 7S[ ^iqi^q, ^Tf1<H^(o, f®ldl<-l^< ^^.M^«^^-^-.l...^2006 3ll^l ^51 ch ?^TT^K ^f?cf 3TT^T -2.' Natjonal Insurance Companv A.CJ. 1 , i am of the opinion th| impugned award passed by the l\ appeal being without substance| stage itself and the same is herel^ In view ofthe above, M.C.l <=hl^Id^nrl HTR^ft* ^f fe^t <f^^l< ^3Tf^T3TI^T Vs. Swarn Sinah reported in 2004(1) at there is no iiiegaiity or infirmity in the sarned Claims Tribunal. Accordingly, the is liable to be dismissed at the motion »ydismissed. 3.No. 1363/06 stands disposed of. Sd/- Dhirendra Mishra Judge P.T.O.