IN THE HIGH COURT OF JUDICATURE. AT BILASPUR CHHATTISGAKH M.A.C.No. /2011 ^?^t"]f:^ APPELLANT (Insurer N.A.No.3) «.J^- L«(» T^-^'i-s" ^(83 o&' \^3J'lv^ ^^ -\\ ^-"^ RESPONDENTS (Claimant) Driver Owner National Insiirance Coinpany Limited, Kamptee Line Rajnandgaon, District : Rajnandgaon-(C.G.), "Through Authorized Signatory National Insurance Conipany Liinited, Divisional Office: Bl Taha Complex, Ring Road-II, Priydarshani Nagar, Bilaspur (C.G). VERSUS :1. Kainuram S/o Laxnian Satnami Aged 40 years, R/o Village - Pandatarai, Gurughasidas Mohalla, Tahsil - Pandariya, District - Kawardha-(C.G.) 2. Rajkumar Pal S/o Jageshwar Pal, Aged 21 years, R/o Ward No.15 Chulkhadan, District : Rajnandgaon-(C.G.) Sukhi Ram S/o Deendayal, Aged aBout 36 years, R/o Village Indra Gandhi Ward, Chuikhadan, District : Rajnandgaon-(C.G.) Jalesh @ Jaleshwar Gandarv, S/o Sukhchain, Aged about 34 years, R/o VUlage Pandatarai, 3. 4. HTOH COURT OF CHHATTISOARH AT BILASPUR MISC. APPEAL |C| N0. 486 OF 2011 National Insurance Company [Insurer N.A. No.311 Limited. RESPONDBNTS Versas Kainiiram and ofhers. APPEAL UNDER SECTION 173 OF THE MOTOR V'BHICLES ATTT, 1988 Sineie Bench: Hoa'ble Shri N.K. Atsarwal. J. P^eseat : Shri B.N. Nande, coiinsel for ttie appeUant. \ ORAI.ORDBR (Passed on 26th day ofApril, 2011) Heard on I.A. No.Ol, application for condonation of delay in filing fhe appeal. 2. On due consideration, the grounds mentioned in the application I am satisfied that fhe appeUant has succeeded tn explaming fhe cause of delay in fUing fhe appeal. Therefore, the application is allowed and (he delay caused in lUing the appeal is hereby condoned. 3. Heard.on admission. 4. This is insixrer's appeal agauist the award dated 27-11-2010 passed by Aaditional Motor Accident Claims Tribunal, Khatragarh (for short the Tribunal) in Clatm Case No. 70/2009 whereby the claimant's application filed iinder Section 140 of the Motor Vehicles Act, 1988 (for short fhe Act) has been aUowed .and fhe appellant/Insiirance Company has been directed to pay Rs..25,000/- to the claimants within a period of one month failing which the appellant wlll be liable to be pay 7% interest per annum. 5. Brief facts of the case are: On 15-12-2008, Tata Sumo bearmg registration No. C.G. 04-H/6067 and Mahindra Jeep bearing registration No. C.G. 04-J.B./1683 cemded with each other as a resiilt ofwl-uch claimant sustained multiple injuries, resulting in his permanent disablem.ent. 6. Claimant preferred an appUcation iinder Section 166 of the Act, also fUed an application under Section 140 of fhe Act claiining no fault compensation against the appeUant. 7. Leamed Tribunal havu^ found clainaant suffered pennanent disabiUty within the meanmg of Section 142 of the Act, awarded no fault coiapensation holding appeUant liable for its payment. Hence this appeal. 8. Shri Nande, learned counsel for the appellant submits: the accident occurred due to rash and negUgent driving of fhe driver of fhe Mahindra Jeep i.e. C.Q. 04- J.B./1683 and not due to rash and aegligent driving of fhe driver of Tata Sumo and therefore, fhe leamed Tribunal has erred In fasterung fhe UabUity upon fhe appeHant i.e. insurer of the Tata Sumo. . / f '% ^ I 1 %. , 3 ,;; l^^s;>' 9. Under Section 140 of the Act, fhe claimant shaU not be required to plead and estabUsh that the death or permanent disablement in respect of which fhe clatm has been made was due to any wrongful act, neglect or defaiilt of fhe owner or owners of fhe vehicle or vehlcles concerned or of any other person. Further, fhe above plea is not avaUable to the Insurance Company as defence under Section 149 of fhe Act. Whether or not fhe accident had occurred due to wrongful act or negligence of both fhe vehicles would be decided by the Tribunal while decidins the clatm petition filed under Section 166 of the Act. Therefore, in fhe view of fhis Court, leamed Tribunal has not committed any illegality in passing the order impugned. 10. The appeal being devoid of substance is liable to be and is hereby dismissed. No order asto costs. Sd/- N.K. Agarwal Judge Ew