tsa.".iei ^ •'i'asEss^;,^* Xt .n; HON'BLE SKR1 SUNiL KUMAR SSNHA. J. CSaimants a.!Non - appitcants 2 1 Holu Ram, S/o Chanta Ram Pal aged .45yrs 2 Mohinibai, D/o Hoiu Ram aged 20 yrs 3 fvlaitibai, D/o Holu Ram aged 17 yrs (Mlnor) 4 Sh; ^' 15 VI-S (Minor) im, S/o HoSu Ram aged 12 '/ Pusaiya bai, D./o Holu Ram aged 10 yrs yrs (Minor) ar'i Appeilants No.3 to 6 through fathgr Holu Ram S/o Chanta Rampal aged 45 ' vii!age Mohbhattha, Poiice Statin - Saja, All residems Tahsi! - Berla, Dlstt Dura (CG) Sagar, S./o Pawan Kumar Awatade aged 21 yrs, Driver, Resident iqf Nandepera, PS Vanee Distt Yawatmdl (Maharashtra) Smt Halima Bano, vi?/o Abdui 'i< Ndiya, Rssident of Noypur through Abdul Rasid, Resident of Moti ward No.07, Po'ice Station - Vanrie Distrit - Yawatmai (Maharashtra) resent : ShriSudhir Verma, counselfor the appeiiants Ml !?!!SC^SP^ li;,s»-'!3'':'"ii» B l-USBsi8i». i %'S'~"..fSf Shri Prakash Shri HB Aorawa Sinah,counsei fo wari, counsei for il, Senior Advocat resDondent No.3. ent No.2. Praav; (1st of the Court wss passed bv This is claimants' a.Dpeal for enhancement of the compensation awarded by the Additionai iVlotor Accident Claims Tribunai, Bemetara (for short 'the Tribunal') vide award dated 01.07.2003, passed in Claim Case No. 19/02. " 2) As against the compensation of Rs.10,00,000/- ciaimed by the appeliants/ciaimants, unfortunate husband and children of deceased Phaoanibai by filing a clalm petition under Section 166 of the Motor Vehicies Act, for her death on 01.07.2003 on account of the injuries sustained by her in the motor accident on 27.03.2001, the Tribunai awarded a total sum of Rs.5,000/- .as compensation l&ng with interest @ 9% per annum from the date of the filing of the claim petition tii! the date of actual pavment. 3) The Tribunat on a close scrutiny of ihe entire evidence led before it held fhat deceased Phaganlbai sustained injuries iri the motor accident on 27.03.2001; thoua.h the fact of death of Phaganibai on 01.07.2001 wasestablished, the etaimants could hot establish that sh.e dled on account of the injuries sustained by her in the motor accident; the accident occurred due to rash and negligent driving of the driver ofthe offending vehicle Trax bearira ^1",*1'':'.^''2^!. ^ w^s~°y[/ 3 registration No.MH-31 -Z/7326; rt the time of the accident WE is the above offending vehicte Trax being piied in breach of the poiicv Trax was not iiable to pay comDensation to the daimants and the liabilltv in that behalf vs/as of conditions, the Snsurer of 18 UW1 le Trax. 4) The Trsbunai considering the nature of the Injuries found to have been, sustained by deceased Phaganibai in the motor accident and the amount proved to have been spent on her treatment, awarded a lump sum of Rs.5,000/- as compensation 'io ihe claimants. The Tribunai rurther directed payment of the above amount of compensation of Rs.5,000/- innum from the date of the filina of the claim petition tili interest on 9% per •'^! ^y.i 5) Shri Sudhir Verma, iearned counsel for the appel'ants vehementjy argued that the Tribunai has erred in hoiding that the claimants couid not establish that deceased Phaganibai died:on sccount of the injuries sustained bv' her in the motor accident on 27.03.2001; in exonerating the insurer ofthe offending vehicle Trax from its liabitifv to pay compensation to the claimants: andi in awarding iow compensation of Rs.5,000/- only. ; 6) Shri HB Agrawal, learned Senior counsel for respondent No.3 the Linited india Insurance Companv Limited, on the other hand supported the award and contended that, as the Trax was being plied in breach of the policy conditions in as much asithe Trax was being ysed as Taxi for carrying fare paying passengers, whereas it was reaistered and insured as private vehicte, :the ?'« ^ 4 Tribunal has rightiy exonerated the insurer of the Trax from its liabiiity to pay compensation to the claimams. 7). Shri Prakash Tiwari, learned counsel for respondent No.2 Smt Hailma Bano, the owner ofthe Trax submitted that the Tribunal has erred in exonerating the insurer of the Trax from its liability to pay compensation to the ciaimants and in holding the owner of the Trax liable in that behaif. 8) The unfortunate accident in which three persons nameiy Phaganlbai, Holu Ram and. Mohani Bai sustained injuries took piace on 27.03.2001. The death certificate of:Phaganibai produced by the claimants before the Tribunal estabiishes the fact of her death on 01.07.2001. The claimants did not adduce any medic evidence before She Tribunal to establish that Phaganibai died on account of the injuries sustained by her in fhe motor accident. In this state of evidence, we do not find any infirmitv in the findine recorded bv the Tribuna! that the claimants couid not establish that deceased Phaganibai died on 01 .07.2001 on account ofthe injMries sustained by her on 27.03.2001 in ihe motor accident. : j 9) So far as the exoneration of the insurer of the Trax by t'ne Tribunal is concerned, it is apparent from the insurance poiicy of the Trax that it was insured as a private car. It has come |in the evidence of AVW2 Holu Ram that they were traveiling in the Jrax as fare' paying passengers though the fare was pald by thelr empioyee and not by them. As such, the breach of the ipolicy conditlons is estabiished beyond any shadovi/ of doubt. ; iThe ^s ps.am® Tribunal, therefore, has ri.qhtiy exonerated the insurer of the Trax from its iiability to pay compensation to the claimants. 10) The compensation of Rs.5,000/- awarded by the Tribunal vi'hen examined in t'ne context of the solitary injurv found to ha.ve been sustained by Phaganibai in the motor accident and the amount proved to have been spent on her treatment, we are satisfied, is Just and proper compensation and does not cali for any enhancement in this appeai. 11) For the foregoing reasons, the appea! filed by the appeilants/claimants for enhancement of the compensation fails and is herebv dismissed. 12) No order as to costs. Sd/- Chief Justice Sd/- SunU Kumar Sinha Judge 1:11 illl iu 1 K