^ Divisj.oji Beoc^ IN THE HONBLE HIGH COURT OF CHHATTISGARH. BILASPUR fC.G.) M.A.(C) No. t.3..€0 OF 2007 (APPEAL VALUED AT Rs 3.01.600 /-) APPEAL UNDER SECTION173 OF THE MOTOR VEHICLES ACT, 1988. APPELLANT JWON- APPLICANT ^ N0.2) RESPONDENTS .MPPLICANTNO.l) (A^PLICANT N0.2) ^ (APPLICANT N0.3) /' (APPLICANT No.4) «. (APPLICANT N0.5) (APPLICANT N0.6) ^•^•'. ^s^^ i.c^si""' (NON-APPLICANT ^0.1} s ^ National Insurance Company Limited, Divisional-office, Priyadarshini Nagar, BUaspur(C.G.). VERSUS :^, Smt. Bhoj Bai widow/0- Yogeshwar Sahu, aged -25 years . Ku. Shiwani D/O-Late Yogeshwar sahu, Aged- lOyears, Parijat S/O-Late Yogeshwar sahu, aged-06 years, Bhuwan Vikram S/O-Late Yogeshwar sahu, aged-04 years, Deoram S/0-Ghasiram Sahu, aged -50 years, "Rambati W/0-Deoram Sahu, aged -45 years, AU are R/0-vmage- Devinavagaon, Awashpara, P.S.-Narharpur, Distt.-South Bastar, Kanker (CG). (Respondent no. 2 to 4 are Minor, through their mother, respondentno.l, Smt. Bhoj Bai) Baldeoram sahu S/o-Khemlal Sahu, aged-35 years, R/o-vill.- Pipraud, P.S.-Charama,Distt.- Kanker (CG)(owner) ^ :5.. :6.^ < ^ ^^^v'^~^^^^^-. :*»<e;) HIGH COURT OF CHHATTISGARH. BILASI»UR D.B. HON'BLB I.M. QUDDUSI & HON*BLE PRA8HANT KUMAR MISHRA, JJ, M.A(Cl. No. OF 1360 of 2007 Vs. MI8C. APPBAL U/8 173 OF THB MOTOR VBHICLBS ACT, 1988 APPEARANCB: Mr. Dashrafh Gupta, counsel for fhe appellarit. ORDBR (ORALI (08.12.2010) Per I.M. OUDDUSI. J y r List is beiag revised. Case is agaui caUed out. WheB. fhe inatter is taken up ia second round, respondents are iiot represented. However, Shri Dashrafh Gupta, Advocate appears to argue on behalf of fhe appellaat. Therefoi^, raatter has been heard finally. This appeal has beeii JSled by the Insuraace Compaay agaiast fhe impugned award dated 19.04.2007 passed by the Motor Accident Claims Tribunal, Kanker, Distt. North Bastar (C.G) in Claim Case No. 193/2006 awarding Rs.3,01,600/- to the claitnants. Brief facts of the case as per fhe version of fhe claunaat are that on 06.09.2006 at about 21.30 hours deceased Yogeshwar was returaiag to village Narharpur froiGi Saloni on Motorcycle having Regn.No.C.G.07-L.A/0728 owned by respondent no.7 and dashed agaiast a tree just two K.Ms. before fhe viUage Narharpur, as a result ofwhich he died on fhe spot He was aged about 28 years at fhe time ofaccident Respondents 1 to 6 beiag legal heirs aad dependents of fhe APPELLANT National Insixraace Conipany Lfd. RBSPONDBNT8 Siat Bhoj Bai and ofhers \^^y "tt^%^^" deceased filed claim appUcation claiming to the tune of Rs.5,82,500/- on differcnt heads. The Tribunal has awarded a total compensation of Rs.3,01,600/- wifh iaterest @ 6% per aanum which the claimants are entitled to receive fix>m fhe non-applicaats froin the date ofthe clafcm petiUon tiU fhe payment is raade. Adxmttedly, respondent no.7 was fhe owner ofthe niotorcycle aad fhe deceased has borrowed the vehicle froici him. A bare perusal of the provisions of Section 163-A of fhe Act, 1988 would inake it expUcifly clear that fhe person like fhe deceased ia the iastaat case woiild step iato the shoes of fhe owner of fh.e vehicle. However, a perusal of fhe terms of msuraace poUcy shows fhat fhe coinpulsory PA to the Owner cuin Driver is lunited to Rs.1,00,000/-, Therefore, we direct fhat fhe claimants are entitled to get fhe coiapensation of Rs.1,00,000/- from fhe Insurance Compaay wifh 6% mterest per annum firom the date of filing of fhe claini petitlon till the payinent is xnade. Accordiagly, the award dated 19.4.2007 is modi&ed to the above extent. In fhe result, the appeal is allowed m part. No order as to cost. Sd/- I.M.Quddusi Judge Sd/- Prashant Kumar Mishra Judge Rao