^ J-l.J IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH M.A.(C) No. 6^5 / 2007 i^? APPELLANT RESPONDENT/ APPLICANT ^T-f^< Vif,^r/^^ ...t^.^ ':t^ Y:^-'"" ^^" The Oriental Insurance Company Limited, Malviya Nagar, Durg (C.G.) Through : Divisional ' Manager, Divisional Office, Malviya Nagar, Durg (C.G.) VERSUS : ^1. Smt. Urmila Bai W/o Late Shri / Mannu Lal Sinha aged about 62 years. 2. Smt. Dulari Sinha, W/o Late Shri i ^ Trivendra Sinha, aged about 35 years, ,3. Ku. Bhoomika D/o Late Shri ^ Trivendra Sinha, aged about 14 years 4. Ku. Minakshi Sinha, D/o Late Trivendra Sinha, aged about 12 years, 5. Ku. D. Pinki, D/o Late Trivendra Sinha, aged about 8 years 6. Parekh, S/o late Trivendra Sinha, aged about 4 years, Respondent no. 3 to 6 minor through:- Mother Dulari Bai Sinha. All R/o Village Kalangpur Tah. Gundardehi, P/s Ranchirayai, Distt. Durg (C.G.) ,7. Deepak S/o. Ram Prasad,1aged about 25 years, R/6 Kushumkasa, Tah. Balod, Distt. Durg (C.G.) v ^ A.' 8. Murlidhar Jethwani S/o ^ Parmanand, R/o. Bazar Chowk Main Road Kusumkasa Tah. Baiod, Distt. Durg (C.G.) 5T MISC APPEAL fCLA^UNnFR SECTION 17^ nc MOTOR VEHICLE ACT, IMR" \ ^ HIGH CQURT QF CHHATTISGARH : BILASPUR M. A. (Q No. 635 of 2007 Appellant The Oriental Insurance Company Ltd. Versus Respondents Smt. Urmila Bai & others APPEAL UNDERSECTION_ 173 QF THE MOTOR VEHICLES ACT, 1988 DB: Hon'ble Shri Justice I. M. Quddusi & Hon'ble Shri Justice G. Minhajuddin, JJ Shri S. P. Sahu, Advocate for the appellant. None for the respondents. ORDER (Oral) ( Passed on this 2^th day ofAugust, 2011 ) Per I. M. Quddusi, J. 1. This appeal has been filed by the Oriental Insurance Company against the impugned award dated 29.3.2007, passed by the Second Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 49/2006, challenging the liability to pay the amount of compensation, fixed by the Claims Tribunal upon it. 2. The list is being revised. No one is present for the respondents, despite ser^ice of notice, therefore, we have proceeded ex-parte against the respondents. 3. We have heard learned counsel appearing for the appellant, perused the lower Court record as well as the findings given in the impugned award. 4. The brief facts, in nutshell, are thaf on 15.5.2005 deceased Tivendra Sinha, after getting discharged his brother-in-law from the hospital at Bhilai, was going to Kusumkasa by Bolero Jeep, \ bearing registration No. C.G. 05-A/7041. On the way, near Gujara bus stand, due to\rash and negligent driving by the non-applicant No.l ( Deepak) said;vehicle got out of control and it stricken to a :r'^'l ^^ ^ .^ /' ..^.-' '~yr'-:: o^ electric transformer. As a result of this accident Tivendra Sinha received grievous injuries and later on he succumbed to those injuries during the treatment. 5. The claimants, being legal heirs/dependents of deceased Tivendra Sinha filed a claim case under Section 166 of the Motor Vehicles Act, 1988 for award of a total compensation of Rs. 31,80,000/- under various heads. 6. Learned Claims Tribunal, having regard to the facts situation and the evidence on record passed the impugned award, directing the non-applicants to pay a total sum of Rs. 8,40,000/- as compensation along with interest at the rate of 6% per annum. Further, in default of payment of compensation within two months, the amount shall carry interest @ 8% per annum. 7. We have perused the insurance policy and found that it was a comprehensive package policy for a private care i.e. the jeep by which the accident had taken place but the car was being used for commercial purpose as has come in the evidence of the applicants' witness that the Bolero Jeep was hired on payment of Rs. 1400/- and as such it is clear that the jeep was being used for commercial purpose. Therefore, it was clear breach of the conditions of the insurance policy. 8. In view of the foregoing, we allow this appeal is allowed and exonerate the Insurance Company from any liability to pay the amount -of compensation. It will be open for the claimants to realize th-e amount from the owner of the vehicle. No order as fo costs. Thakur Sd(- LM.Quddusi Judge Sd/- G. Minhajuddin Judge nr^