CF0000024343 IN THE HIGH COURT OF JUDRICATURE AT BILASPUR CHHATTISGARH 2-^ /,nrv, B!visl M.A. fCVNO. /201 APPELLANT DEFENDANT NQ._A v ^^'^ ~v^f :...^' %•• 1-^1 T4' -f '•"tf-'-^tf.. 'i-^lt.' 1B! £i'.;2;i. ^^A, :\ Iq^.^W8-^ •* RESPONDENTNO.l CLAIMANT N0.1 RESPONDENTN0.2 CLAIMANTN0.2 ^ RESPONDENT N0.3 :LAIMANT N0.3 ESPONDENT N0.4 ELAIMANT N0.4 ^.?- RESPONDENT N0.5 CLAIMANTN0.5 RESPONDENT N0.6 fcLAIMANT N0.6 ^ ^. ^ The Oriental , Insurance Company Limited, through the Division Manager, Oriental Insurance Company Limited, Kachary Chowk, 3ail Road, Raipour (C.G.) Throuah: The Senior Divisional Manager, Oriental Insurance Company Limited, Division Office No.2, Chawla Complex, Devendra Nagar,Distt. Raipur (C.G.) versus ^.1. Smt. Anita Widow of Late Bedram Gaikwad @ Gendare, aged about 27 years, 2. Ku. Kiran D/o. Bedram, aged about 6 years (Minor) ;3. Ku. Rajani, D/o. Bedram, aged about 4 years (Minor) .4. Aakash Kumar, son ofBedram, aged about 3 years, (Minor) 5. Ku. Purnima, D/o. Bedra, aged about 01 years (Minor) 6. Bhakkal Das son of Late Manwa Gaikwad, aged about • 70 years, ^ RESPONDENT N0.7 CLAIMANT N0.7 RESPONDENT N0.8 DEFENDANTNO.l RESPONDENT N0.9 DEFENDANT N0.2 <!''^.>RESPONDENT N0.10 •y DEFENDANT N0.3 :7. Tijiya Bai, wife of Bhakkal Das, aged about 65 years, Respondent No. 2 to 5 are the Minors, through their natural guardian-mother-Respondent No. 1, Smt. Anita Widow of Late Bedram Gaikwad @ Genedare, aged about 27 years, Respondent No. 1 to 7 are the resident of village Bhainsmudi, Post Office-Bhandarpuri, P.S. Kharora, Distt. Raipur (C.G.) 8 Madhav Prasad Pandey, son of Shri Kausha! Prasad, resident of-Paras Nagar, Raipur (near Maszid), P.S.- Ganj, Distt. Raipur (C.G.) fDriver of Jeep NO.-04/ZA-22251 9 Chunwar, son of Rajaram Tiwari, resident of-Shastri Nagar, Mandi Ward, Raipur, P.S. Ganj, Distt. Raipur (C.G.) COwner of Jeep No. C.G. 04/22251 10 Ajaruddin son of Shafddin, resident of Near Shiv Mandir, Pandari, Raipur, P.S. Pandari, Distt. Raipur (C.G.) (Owner of Jeep No. C.G. 04/22251 j^- MISCELLANEOUR APPEAL U/S 173 OF THE MOTOR VEHICLE ACT 1988 Appeal yalued a&Rs. 4,50,OOO/- <6( HIGH CXIURT OF CHHATTISGARH, BILA8PUR DB: Hon'ble I. M. QUDDUSI te Ho&'ble Q. MIHHAJUDDra, JJ M. AfCt. No. 35;2Q09 RE8PONDBNTS: Oriental Insuraace ConiTianv Ltd Vs. Snit. Anita and ofhers MISC. APPEAL USDER SBCTIOK 173 OF THB MOTORyEHICLES ACT. 1988 Appearaace: Mr. Aiav Mislu-a. counsel for the aopeUant. None for the respondents. ORAL OKDBR (17.10.2011) .J. 1. List is bein.g revised. Case is again called out. No one appears for tbe reswondents. However, leamed counsel appeUant/ Insurance ConiTianv is present aad prays for hearinR of ttic case. Therefore, we have no other way except to proceed ex- parte agamst ttie respondents. 2. This appeal has been filed by fhe Insurance Coxupauy agaiast the uapugned award dated 20.12.2006 passed by the First Additional Motor Accidcnt Clauas Tribuaal, Raip"r, ia Claim Case No.88/2005. 3. The Brief facts of fb.e case as r;er fhe version of fhe claimants are fhat on 06.01.2005 at about 12.00 noon. deceased Bedram \ •. • .• along wifh bis fi-iend Mayaram Satnami was going on inotor- cycle. At that tune, on Kharoia inam road, near Dewaagan . •^^// 6^. ^^ ~WS'SCE_y-' ^^ Kiraaa Bhandar, a Jeep bearing Regn.No.C.G. 04-ZA/2225 which was being driven by non-appUcaat no. 1 Madhav Prasad Paade in rash aud negligent maaner daslied tbe raotorcycle, as a result of which, he sustanied grievous ixijuries aad died during fhe course of treatmeut. At the tiine of accident he was aeed about 30 vears, he was a inotorcycle inechanic aad was eanung Rs.5000/- per month. The claunaats beiaj dependents/legal representatives have filed ClEdm. Petition u/s 163-A of fhe Motor Vehicles Act for the award of a total coinpensation of Rs.6,78,000/ - witti iaterest @ 12% per annuiii on various heads. The leamed Clamis Tribunal held that thc offendiag Jeep was iavolved ia fhe accideut in. which the deceased died; fhe driver was having valid aad effective drivtag Ucence and fhe claimaats are entitled to receive a total coiupensation of Rs.4,50,000/- froin fhe appeUaiit Insuraace Conipany. We have perused fhe lower Court Records aad found that the driver of the Jeep naniely Madhav Prasad was baviug driviu| Ucence authorizkig hini to drive onlv LMV. The offending Jeeo was a conunercial vehicle. The Insurance Coinpany has examiaed Syed Safiullah as N.A.W.l, who was workiag as Assistaat Grade-III ia fhe of&ce of Regional Traasport Of&cer Raipur. He has stated iu his evidence fhat Madhav Prasad was issued driviag licence for driving oiily Light Motor Vehicles aiid he caruiot run fhe Taxi or traasnort vehicles. The Insurance poUcy was issued under ''LiabUily only PoUcy for Zone-B" which covers ffcie use only for camage ofpassengers in accordauce wifh tfae permits issued wifhin. fhe m.eamng of Motor Vehicles Act. Therefore, fhe driver of the inotor-vehicle "^.:' ^!ys9ssc'e3^ ij ^.ii£^• '^ ^ / / '^•'w" •^'SK^S":' 6^ 6. was not having valid aad effective driviag Ucence, fherefore, there was clear breach of insurance poUcy and hence the appeUaat insurer caruiot be held liable to pay coinpensation. Hence fhe Insurauce Conipaay is exonerated froiu. its liability to pay coiapensation. However it wiU be open for ftie claiinants to reaUze the amount of coiapensation fix)in the owner and driver of ftie vehicle joiatly or severaUy. In the result, fhe appcal is aUowed. No order as to costs. SA'- l.M.Quddusi Jud&e Sd/- . /-- G. Minhajuddin Judge /y.