s^ HIGH COURT OF JUDIC&TURE CHHATTISGARH : BILASPUR DIVISION BENCH CORAM : HON'BLB SHRI S.R. NAYAK,CJ 8s HON'BLB SHKI V.K. 8HRIVJUSTAVA, J. MISCELLANEOUS APPBAL N0.269/2006 Appellaats: Non-applicants 1) 2) Vs. Respondents: AppUcaats 1) 2) Gorelal Kewat, S/o Slui Sakharam, caste - Kewat, aged about 29 years, resident ofviUage Manikpur, P.S. Torwa, Dist. Bilaspiir, (Driver ofthe Truck No.MP 200/5825). Rajesh Paadey, aged about 45 years, s/o Shri R.P. Pandey, Ex-Mayor, Bilaspur, R/o Gondpara, Tah & Dist. Bilaspur (CG) (Owner of tbe Truck No,MP 20G 5825). Sxat Ram Bai Goiid, Widow of Late Maaharaa Qond, aged about 23 years. Ganga Bai Gond, aged about 4 monfhs, daugfater of Manliaraa GQud, Miaor, through natural guardian inother Scat. Ram Bai. Both are rcsident ofviUage Parsahu, P.S. Seepat, Tah. Masturi, Dist. BUaspur. 5. Present: Shri Harish Chandra Verma, Couusel for the appellaats. ORAL ORDER (passed on 8th November, 2006) l\. . . - 1 •2-- The following orat order of the Court was passed by Vijay Kumar Shrivastava, J. This is an appeal filed under Section 173 ofthe Motor Vehictes Act, (henceforth, "the Act") against the award dated 26/06/2006 passed by 10t11 Additionat Motor Accident Claims Tribunal, Bilaspur, ixrtiereby a sum of Rs.3,44,000/- has been granted towards compensation to respondents against the appellants. On 16/04/2002 Manharan died as a result of accklent caused by vehicle bearing Truck No. MP 200 5825. Respondents are the legal heirs of deceased Manharan. The said vehicle was owned by appellant No.2 and at the time of accident the same was driven by appellant No.1. Botti the respondents assessing their claim filed an application under Section 166 of the Act for grant of compensation. Appellants No. 1 & 2 although admitted that the vehicle was registered in the name of appeltant No.2 and the driver of the vehicle was appellant No.1, but refuted the claim on the ground that the accident did not take place with their vehicle bearing Truck No. MP20-G 5825. Learned Tribunal after appreciating the evidence held that as a result of rash and negligent driving of Truck No. MP20-0 5825 by appellant No.1, the accident took place and Manharan met with an accident and died. Therefore, the award has been passed against both the appellants for a sum of Rs.3,44,000/-. During arguments, learned counsel for the appellants urged that learned Tribunal failed to appreciate the evidence for recording a finding that appellant No.1 was driving the vehicle rashly and negligently and caused the accident which resulted the death ofManharan. We have gone through the award passed by the Tribunal, perused the reasons assigned by the Tribunal. Admittedly, appellant No.1 was the driver and appellant No.2 was the owner of the vehicle. From the .1^ -•3 documents Ex,A 1 to A8 retating to criminal case, it was found that appetlant No.1 driving the Truck No.MP20-G 5825 caused accident and as a result of that accident Manharan died. From those documente it was also clear that appellant No.1 was driving the vehiele rashly and negligently. Admittedty on the date of accident also appellant No.1 was the driver and he was present with the feteful vehicle on tte spot. From the orai evidence of Rambai and Heera Ram as also from the documents it was estabtished that Manharan died as a result of vehicte accident. No substantial material was ackiuced by the appellants to establish that ttie appetlant No.1 has been falsely implicated in the criminal case registered against him for rash and negligent driving and causing death of Manharan. Taking into account atl these facts, we are unabte to accept the contention of learned counsel for the appellante that the trial Court feited to appreciate frie evidence. This is a finding of fact and the Tribunat after evaluating documentary and oral evidence has recorded the finding against appellant No.1. There is no perversity in the finding of the Tribunat, which may catl for interference by this Court. In the result, the appeal being devoid of merit, is liabte to be dismissed and is accordingly dismissed in limine. i -^: Raju Sd/- Chief Justice Sd/- V.K.Shrivastava Judge -^