BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.N0. g 1—97 OF 2006 «i; ' APPELLANT - . The Oriental InSurance Company Ltd, RESPONDENT N02 By Divisional OfHce, 124, Napier Town, Post Box — 80, Jabaipu‘r. (MP). “w - VERSUS - RESPONDENT/ : 1. Smt. Janki Bai Thakur, APPLICANT. g Aged about 4O years W/o Late Dayaluram Thakur RIO www ow” kac‘m 2‘awn Ta). Wwda44; 2} Khuman Smgh S/o Hayalmam A Mmor through his natural Guardlan Smt Jankl Ba1 W/o Late Dayalu Ram Thakur aw; (Mother and Respondent No l) Q 7 Vina£€ » acha‘m wy raj GLmAw’ol 9hr; W it (l: ) ) DIH Duvgz am cs'tum )‘h a Q/‘3. Shn Dukalu Ram Verma S/o r 59‘ t 0’ n: \v rhhamsst/‘l u ~‘ s '4 2m ){<\1, , é: é Tllakram Tahs1l Am Vlerma, agarh Drgegj) C :x.’ w Thana : Chowki, DistzRajnandgaon E3 JUL ZUUb (Chhattisgarh). Present Address: Village: Gajmarra, PrODongargaon, rTahsilzDongargaon, Dist:Rajnandgaon (Chhattisgarh). wwm‘ a W 32m di. m @ (2) (9 M.P. Electriéity Board, Vidyutnagar, Jabalpur (MP), By Engineer, MP Electricity Board, Vidyutnagar, Jabalpur (NIP). if; 5 Chattisgarh By‘Divisional Vidyutmandal, Engineer, Chhattisgarh Vidyutmandal, Dongargaqn, TahzDongargaon, Dist: Rajnanéigann, (4"? By Chief Engineer, Chhattisgarh Vidyutmandal, Raipur (CG). 4 MISC APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLE ACT, 1988 (2) This appeal has been tiled against the impugned award dated 10/04/2006 passed by the Vll Additional Motor Accident Claims Tribunal (F.T.C.). Durg in Claim Case No. 12/2005 in so far as it relates to imposing liability to pay compensation upon the insurance Company. (3) Brief facts of the case, as per the version of the claimants, are that on 14/10/1997 at about 10.00 p.m. deceased Dayalu Ram Thakur along with his friends were going to Chowki (Ambagarh) from village Latabod, leaving some electrical items and taking some electrical items in the vehicle 407 bearing registration No. M.O.T. 8983, When they reached near ‘ village Baghmara, Gunderdehl #Rajnandgaon road vehicle which was being driven by non-applicant No.1 in a rash and negligent manner turned turtle and caused the accident. as a result of which deceased DayaluRam received grievous injuries on his head and chest and he died on the spot. He was aged about 45 years and was working in the post of Line Attendant Grade-l in Electricity Centre, Chowki (Ambagarh). District - Rajnandgaon. HIGH COURT OF CHHATTtSGARH BILASPUR CORAM: Hon’ble Shri LM. Quddusi, J. & Hon’ble Shri Prashant Kumar Mishra, J. MA. No. 823 of 2006 AP E T The Oriental insurance Company Ltd. Versus RE$PONDENTS Smt. Janki Bai Thakur and othersV Smt. Chitra Shrivastava. counsel for the appellant. None for the respondents. ORAL ORDER . ( 01I0‘412011) Following oral order of the Court was passed by l. M. Quddusi. J. List is being revised. Learned counsel for the appellant is present. No one is present for the respondents. He used to earn Rs.5,000/- per month. The ciainiants have claimed compensation of Rs. 15,50,000l-. (4) The deceased was one of the occupants of the vehicle Le. Metador which wasaGoods Carrying Commerciai Vehicle. No premium was paid for any occupant, therefore the Insurance Company cannot be held liable to pay compensation, The Claims Tribunal has wrongly imposed the liability upon the insurance Company. (5) ln view of the above, the appeal is allowed. The Insurance Company is exonerated from its liabilityto pay compensation, however it will be open for the claimants to realize the amount of compensation from the owner of the vehicle. a4e ’4 - (6) No order as to costs. Sdl- 5‘”- LMQuddusi Prashant kumar Mishra Judge Judge