HIGH coum OF JUDmATURE CHHATTISGARH : BILASPUR DIVISION BENCH CGRAM : HON’BLE SHRI SR. NAYAK, CJ. HON’BLE SHRI D.R. DESHMUKH, J. M.A.No.794 OF 2006 Present : Shri Jitendra Gupta, Iearned counsel for the appellants. ORAL ORDER (Passed on 28m July, 2006) The following oral order of the Court was passed by D.R. DESHMUKH, J. This is an appeal tiled by the owner and rider of the motor cycle, which was involved in the accident resulting in death of one Lokesh s: Kumar. Learned Tribunal has awarded a pompensation of Rs. 5,06,000/- against the appellants. The only point urged by.,the learned counsel for the appellants in this appeal is that the learned Tribunal has erred in fastening the liability on the appellants since the APPELLANTS 1. Govind Sahu DRIVER S/o Shri Chaman Lal Sahu Aged about 35 Years, R/o Vinage Charvahi, Post Belmad, Thana & Tahsil Balod, Distt. Durg (C.G.) OWNER 2. Chaman Lal Sahu, S/o Shyam Lai Sahu, aged about 60 years, R/o. Village Charvahi, Post Baimad, Thana & Tahsil Balod, Distt. Durg (C.G.) Versus RESPONDENTS CLAIMANTS 1. Rishou Ram S/o Dukalu Ram Ravte, aged about 55 years, 2. Smt. Rohni Bai Wlo Rishou Ram Rawte, aged about 5O years 3. Ku. Bham, Dlo Rishou Ram Rawte, aged about 18 years, AH R/o Village Pragaon (Umradah) Post Balmad, Thana & Tahsil Balod, Distt. Durg (C.G.) Z motor cycle of the appeHants was neither being driven nor involved in an accident. However, on the perusai of the Claim Case No. 5/20054re; find that criminal prosecution was lodged against the driver of the motor cycle as is evident from the documents relating to the prosecution of the driver of the motor cycle. In that view of the matter the factual finding recorded by the learned Tribunal that the motor cycle owned by the appellant No. 1 and driven by appellant No. 2 was involved in the accident is correct and we find no justification for interference in the impugned order. The appeal is devoid of merit and it is accordingly dismissed. e // Sd-/ Sd/- I , Dilip Raosaheb Deshmukh Chief Justice ’ ””Jllti-ge