\i.V IN THE HIGH COURT OF CHHATTISCtARH AT BILASPUR M.A. N0. /200C' .1 .« V{S(OR APPELLANTS; (priginal Applicants) E^f^^t y--o / Smt. Til Bai 1 Aged about 57 Years, W/0 Late Daduram Karsh R/0 Bhoghapara ,Shivrinarayan, Distt. Janjgir-ChampafC.G.) y:. Ramji Karsh Agedabout 32 years S/0 Late Daduram Karsh R/0 Bhoghapara ,Shivrinarayan, Distt. Janjgir-ChampafC.G.) 3y. Shyamji Karsh Aged about 27 years S/0 Late Daduram Karsh R/0 Bhoghapai®.l,Shivrinarayan, Distt. Janjgir-ChampafC.G.) 4./ Kumari Manju Karsh Aged about 22 years D/0 Late Daduraru Karsh R/0 Bhoghapara ,Shivrinarayan, Distt. Janjgir-ChampafC.G.) >. KumanSanju Karsh Aged about 20 years D/OLate Daduram Karsh R/0 Bhoghapara ,Shivrinarayan, Distt. Janjgir-ChampafC.G.) VERSUS ^y Non-applicants) RESPONDENTS: Pushkar Nayak Aged about 40Years, S/0 Shri Gendram Nayak R/0 -ViU.,P.O.-Shivrinarayan, Distt.Janjgir-ChampafC.G.) ^-— [2] United Insurance Cdmpany Ltd. ^ 'niroughBranclrManager . | Branch Office ,Rajendra Nagar'Chowk, Bilaspur[C.G.] •**•• ' • ' • • ' : • '.' •^i '..--' '. • ' • '•'..' . : ' APFfiAt, UNDER SECTION t73 OFBIOTOR VEHIGLE AeT 1988 Being^aggrieved by the awarddated 30-10-2004 passed by theleanaed ffl HIGHCOURTOFCHHATTISGARHATBILASPUR OB^: Hon'bleShriJustice I.M. Quddusi and Hon'bleShrLJysticePrashantKumar Mishra Appellants Respondents IVIiscellaneous ADpeal No.t94of 2005 Smt. Til Bai and others versus Pushkar Nayak and another Present: Shri Sushil Sahu, counsel for the appellants. Shri Ghanshyam Patel, counsel for respondent No.2. None for respondent No.1. Miscellaneous Appeal underSeGtion 173 ofthe'MotorVehiclesAct ORAL ORDER (Passed on 9th M&rch, 2011) Perl.lW. Quddusi.J.: Heard. 2. This appeal has been preferred by the claimants challenging the award dated 30-10-2004 passed by the 10th Additional Motor Accidents Claims Tribunal (F.T.C.), Bilaspur in Claim Case No.70/2004. 3. Case of the claimants, as stated in the claim petition, is thaton the date of accident, i.e., 6-3-2003, deceased Daduram Karsh was going from Janjgir to Shivrinarayan on canal way on a motor' cycle •bearing registration No.MP 26 KC 2158 (new No.CG 11 2E 3291). The motor cyclewas being driven by non-claimant Pushkar Nayak and the deceased was a pillion rider. Being driven rashly and negljgently, the motor cycle was dashed with the culvert on the •t'-i~': canal. Daduram died on the spot in the accident. The incident was reported to the Police Station Shivrinarayan. The claimants, i.e., wife, sons and daughters of the deceased preferred an application underSection 166ofthe Motor Vehicles Act, 1988 (henceforth 'the Act') claiming compensatidn of Rs.7,00,QOO/-. 4. The Claims Tribunal dismissed the claim petition, however, the claimants were awarded interim compensation of Rs.50,0007- underno fault liability. 5. The F.1.R. was lodged by an independent person. At the time when the driver of the motor cycle was lying unconscious and the deceased pillion rider's dead body was also lying on the earth, some persons gathered there and took care of the driver of the motor cycle, but when the claim petition was filed, a different story was given to the effect that the motor cycle collided with the culvert on the canal. The said story was not believed by the Cjaims Tribunal. 6. In the circumstances, we are of the opinion that the finding given by the Claims Tribunal cannot be interfered with in the absence ofany cogent material. 7. The Claims Tribunal has awarded interim compensation of Rs.50,000/- in favour ofthe claimahts underno fault liability. 8. Inview ofthe above, no case ofinterference is made out. The miscellaneous appeal fails and is hereby dismissed. There shall be Gopal no order as to costs. ^) ^ Sd/- '.IVI.Quddusi : Judge Sd/- Prashant Kumar Mishra Judge