H16H COURT OF CHHATriSQARH AT BILASPUR DIVISIQNBENCH CORAM: HON'BLESHRIRAJEEVGUPTA.C.J. HON'BLE SHRI SUNIL KUMAR SINHA, J. ^s.b.^^^B- (S889S!"' Appellants Claimants Respondents Non-apDlicants Misc. Aopeal No. 383 of 2008 1 Gokul, S/o La(e Firtu Ram Yadav, agel about 25 years 2 Foolsingh Yadav, S/o Thanuram Yadav, aged 60 years Both R/o Nawagaon, Budeni, PS Magarlod, di^rict - Dhamtari CG VERSUS 1 Laxman Verma, S/o Shankar Lal Verm, aged 42 years, R/oVillage Kopra Present address Nsnsfagaon - Budeni, Thana Magarlod District Dhamatari, CG (DriveroftheTractor No.OSA-1941) 2 Ghanaram Nishad, S/o ttwari Ram Nishad, R/o Village Nawagaon - Budeni, Thana Magarlod Di^rict Dhamtari, CG (Owner of the Tractor N0.05A-1941) 3 Orientat Insurance Company Ltd., Through Regional Manager, Jail Road, Kutchery Chowk, Ralpur (CG) (Insurer of the Tractor No.OSA-1941) Miscellaneous Appeal under Sectton 173 of Motor Vehicles Act Present : Shri Satyendra Sahu, counsel forthe appettants. Shri JA Lohani, counsel for respondents No.1 and 2. II ^' ^iff" Shri Abhishek Sinha and Shri Varun Dubey, counsel for respondent No.3. ORDER (07th April, 2011) The following order of the Court was passed Rajeev Gupta, C.J. This is clatmants' appeal for enhancement of compensatlon awarded by the 9th Addltional Motor Accident Claims Tribunal, Raipur (for short "ttie Tribunal') vide award dated 09.12.2004, passed in Claim Case No.06/2004. 2) As against the compensation of Rs.8,20,(XX)/-, claimed by the appellants/claimants, unfortunate major son and elder brrther of deceased Firtu Ram by filing a claim petition under Section 166 of the Motor Vehicles Act, for his death in the mrtor acctetent on 05.05.2003, the Tribunal awarded a total sum of Rs.50,000/- as compensation along with interest @ 6% per annum from the date of filing of theclaim petition til! the date of actual payment. 3) The Tribunal on a close scrutiny af the entire eviden<»led before it heki that deceased Firtu Ram died on accourt of the injuries sustained by him in the motor accident on 05.05.2003; the accident occurred due to rash and negligent driving ofthe driwr of the offending vehicle tractor-trolley bearing registration No.CG-OS-A/1941 and CG-05-A/1942 respectively; though the above tractor-trolley were insured at the time of the accident vdth the Oriental Insurance Company Limited, as the tractor was carr^ng fc'»B;! 'baratis' in breach of the policy conditions, the Insurerof the tractor-trolley was not liabte to pay the compensation to the claimants and the liabllity in that behalf was that of the owner and driver of the tractor-trolley. 4) The Tribunal on the admissions made by AW1 Gotail Yadav in his cross-examinatlon held that none of the two claimant was dependent on the income of the deceased and as such awarded eompensation of Rs.50,000/- awardable under 'no fault liabaity' under Section 140 of the Motor Vehicles Act to the ctaltnants. The Tribunal further directed payment of interest on the above amount of compensation of Rs.50,(X30/- @ 6% per annum from the date of filing of the claim petition titl the date of actual paymenfc 5) Shri Abhishek Sinha and Shri Varun Dubey, leamed counsel for respondent No.3 the Oriental Insurance Company Limital on the other hand supported the award and contended that as the traetor-trolley was being used for carrying 'baratis', breach of the policy conditlons is apparent and as such, the Tribunal has rightiy exonerated the insurer of the tractor-trolley from its liability to pay compensation to the claimants. 6) Shri JA Lohani, learned counsel for respondents No.1 and 2, the driver and owner of the offending vehicle tractor-troltey submitted ttiat the Tribunal has erred in exonerating the insurer of the tractor-trolley and in holding the drlver and owner liable to pay compensation to the claimants. 7) So far as the flnding recorded by the Tribunal leadir^ to the exoneration of the insurer of the tractor-trolley is concerned, we gather from paras 10 to 13 of the impugn^J award that the tractor-trotley were registered for aghculturat purpose alone and the insurance coverage of the tractor-trolley was under the Kisan Package Policy. The contents ofthe First Information Report Ex.P/1 produced by the claimants themselves before the Trtbunal make it evident that the tractor-troltey at the time ofthe accident was carrying as many as 35 'baratfe' including deceased Firtu Ram. Thus, it is apparent that the tractor-trolley at the time of accident was being used in breach of the policy condttions. 8) We, therefore, do not find any infirmity in the finding recorded by the Tribunal leading to exoneration of the insurer of the tractor-trolley from its liability to pay compensation to the claimants and holding the driver and owner of the fractor-trolley tiabte t©pay compensation to the claimants. 9) So far as the quantum of compensation is concemed, it is apparent from para 4 of the deposltion of AW1 Gokul Yadav, s/o Firtu Ram that claimant No.2 Footsir^h was living ^paratety wlth his sons in a different house and deceased Firtu Ram was r^iding sei^rately with this witness. It has also come in the evidence that a family partition had taken ptace between the deceased and hls brother, claimant Foolsingh long before the acciderrt. He has further admitted that he was earning his livelihood as labour. Thus, it is apparent that both the claimants had their independent source of income and were not dependent on the income of the deceased in any manner. l^li:.^ i:^^^' 10) We, therefore, do not find any fault in the view taken by the Tribunal that as none of the two claimants was dependent on the income of the deceased, they were entitled to get the compensation of Rs.50,000/- only awardable under 'no Tault liability'. Tlre Tribunal's above view is perfectly in line w'rth the dictum of the Apex Court in the case of Smt Manjuri Bera Vs Oriental Insurance Go. Ltd., reportedin 2007 AIR SCW 1962. 11) For the foregoing reasons, the appeal filed by the appellants/claimarts is liable to be dismissed and is hereby dismissed. 12) No order as to coste. -^—-__„.—.. Sd/- Chief Jiistice Sd/- Sunil Kumar Sinha f Judge padma ffl