BEFORE THE HON'BLE HIGH COURT OF CHHATTISGARH BILASPUR Kvfefen 88R' M.A.ro NO ^-Sf /2007 APPELLANT E3EFENDANT N0.2,y .•••". -/l.\.-v /••SP^ <$1 The Oriental Insurance Company Limited, through the Divisional Manager, Division Office (Old address in from of High Court) at present Ram trade Centre, First Floor, Bilaspur (Chhattisgarh) VERSUS RESPONDENTNO.l ^ /CLAIMANTNO.l RESPONDENT N0.2 2. ^ CLAIMANT N0.2 RESPONDENT N0.3 3, CLAIMANT N0.3 r Mus. Deepali Soor, aged about 44 years, widow of Late Asim Kumar Soor Abhijit Soor, aged about 16 years, son of Late Asim Soor. Saurabh Soor, aged about 12 years, son of Late Asim Soor Respondents No.2 and 3 are minors, through their naturat guardian -. mother Mus. Deepali Soor, Widow of Late Asim Kumar Soor. All are resident of Bus Stand Bilapsur, Tahsil and District Bilaspur (C.G.) RESPONDENT N0.4 4. DEFENDANT N0.1 Suman Sinha, son of S.K. Sinha, C/o.P.C. Srivastava, Devrikhurd, Bilapsur, District Bilaspur (C.G.) (Owner of Scooter No. CG 10/0159^ MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT. 1988 1 HICTI COURT OF CHHATTISGARH AT BILASRJR MAfONo. 281 Of 2007 Appdlant DefendantNo.2 Respomtents The Ortental ttreurance Company Limited Versiis Mus. DeepatiSoor&Crthers APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT I: Hon'bte Shri Justtee I.M. (taddusl& Hon'bleShri.lustice N. K. Agarwal. Present : Shri Apy Mishra, Advocatefortheappeltant. Shri Sudhir Kashy^p, Advoeate ftw the respondent No. 1to3. \-J 1 i?\ ORALORreR (Passedon7mday ofSe|rtanber,20W) This is insurer's appeal fited against the enward dated 14.12.2006, passed by the Vlth Addltional M®torAccident Claims Tribunal, Bilaspur (for short the Tribunal') tn ctaim ease No. 50/06, awarding Rs. 3,50,0(Xy- as compensafion in favour of clalmants against the appellantfinsuraoce eompany jointly and severally. 2. Brtef facts of the case are that, on 21.02.2004, Aslm Kumar (slnce deceased), whlle drlvtng Scorter (Bqaj Ghetek) bearing reglstratton No. 00-100159, Iwt Ns balance and feU dowi as a result ofwhlch he succumbed to the tnjuries sustained by hlm In the said accident. 3. The ctatmants preferred an a^licatlon before the Tribunal ynder Sectton 186 of the Motor Vehtete Aet, claming i^-'y^ ^•j'SSS S^^^i' vsgv" Y '^s^./ '%»-nS^ t\ compensation to the tune of Rs. 4,43,42^- tw the deatti of cteceased in the saU aceident. The Tribunat, on a close scrutiny of tie evklence led by Uie parties, the material avatlabte on the record, and aibffrisstons of the parfles, awarded a sunn of Rs; 3,50,000/- as compensation tn favour of the claimants sgainst tte insurance companyjointlyand severally. The issues (ramed by ftre Tribunal in e claim prtition do not cover the issue whethw a person who borrowed the vehtete Trom the owner, who Is deceased, was covered under the package poltoy or not. The appellant has taken a speciflc ground in this regard that the deceseed was driving borrowed vehtete and was not a driver Wtthin the meaning <rf insurance policy or within the meaning of the Workmen's CompensErtlon Act and as has been hetel in 1995 ACJ—600(Para 13), the appellai'tt insuranee company is not liabte and it Is only the owner who te liable to fayeompensatlon, ifat all. In viewof the fact ttiat the Triburel has not decided the above Issue, we have no option except to s^ aslde the imp(gn«l award. In the result, we set aside the award dated 14.12.2006, passed by the Vlth Additlonal Motor Accklent Claims Tribunal Btlaspw, and remitthe matter before concemed Tribunal for dasisfon afr h. 9. The partles shall toe provkted q>portunity to adduee addUanal evldences in ttie above regard. The matter shall be expedBed as earty as possible prderably within a period (rf flve month» from the date of appearance. The parttesshall appear before ttie concemed Tribunal on 04.10.2010. 10. Slnce the respondent No. 4/oumer of Uw vehiete is no* preaert, natfce shaU be issued to htm for his presence and also to addiue evldence, If any. 11. Theappealisacconlinglysrflowedlnpart.Noorderastoeosts. Sd/- I-M.Quddusi Judge Sd/- N.K.AgarwaI Judge