"^^^ HIGH COURT OF CHHATTISGARH. BILASPUR DB: HON»BLBI.M. QUDDUSI & HON'BLE N.K. AGARWAL, JJ M.A-GNo. 1634 of 2008 APPEARANCE: Vs. Mr. Gautam Khetrapal, counsel for fhe appeUaats. Mr. Saadeep Shrivastava, counselforrespondentno.3. Per I.M. QUDDUSI, J JUDGMENT (ORALt (25.10.2010) 01. This appeal has been filed by fhe Clauiiaats agamst fhe impugned Order dated 28.04.2008 passed by the IX Motor Accident Claims Tribunal (F.T.C), Bilaspur, ia Claim Case No.30/2008 dismissiag fhe claim made by fhe appellaats. 02. Brief facts of fhe case as per fhe version of fhe clamiaiits are fhat on 29.01.2006 Mohnish Mahapatora (deceased) along- APPELLANT8 1 Heiaprabha, son of late D,B, Maliapatra, aged about 40 years 2 Ku. Swaraaprabha, D/o Late D.B. Mahapatra, aged about 38 years 3 Ku. Shashi Prabha, D/o Late D.B. Mahapatra, aged about 36 years AU R/o R.T.S.Colony, P.S. Torwa, District Bilaspur (C.G). RESPONDBNTS 1. Sajid Hussaia, s/o Sardar Hussaia, aged about 35 years, R/o Talapara, P,S, Civil Liae, Bilaspur, Tah.sU aad District Bilaspur (C.G). 2, Sushiaa Agrawal, s/o Ram Prasad Agrawal, aged about 35 years, R/o, Parijat Colony (Extension), P.S. Civil Liae, BUaspur, TahsU aiid District Bilaspur (C.O). 3. The Oriental Insuraace Coxnpaay Lioiited, Braach Office, BUaspur (C.G). ^^1 g .// >:^" ,^; wifh his friend Javed Jafar was returaiag froin Raipur to BUaspur by Maruti Zen. It is an adxnitted fact fhat due to rash aad negligent driviag of driver of aa unknown Tnick which dashed fhe Marati Zen, fhe accident had occurFed, as a resiilt of which Mohnish (deceased) who was sitting ia fhe right back seat of fhe Car died on fhe spot, The claioiaats are major sisters of fhe deceased. Though they were legal representatives of fhe deceased but fhey were not dependents on him. 03. The learaed Tribunal has held fhat fhe said accident had occiured due to rash and negUgent drivifig of the driver of arx unkaown truck. The learaed Tribunal has further held fhat it is not proved beyond reasonable doubt fhat non- appUcant no.l Sajid Husain was driviag fhe Maruti Zen bearmg Regn.No.C.G.04-Z.P/3900 which met with aa accident on 29.01,2006 m which deceased Mohnish Mahapatra has died aad at fhe tbne of accident, one Sakir Husam was didvng ofFendiag vehicle. 04« Learaed counsel for fhe appeUaat submits fhat the vehicle in question was involved ia fhe accident. 05. The appeUaiits/claimaats have already been awarded Rs.50,000/- under section 140 of the Motor Vehicles Act, 1988 under no fault MabiUly. The appeUaats are also not dependents on fhe deceased. Being legal representatives, fhey are entitied for fhe aniount under no fault llabiUty as provided in section 140 ofthe Act that is Rs.50,000/- which has already been awarded ia fheir favour. Siace fhe accident had not occurred due to rash aad negligent drivmg of fhe Maruti Zen, fherefore, fhe claiin petition has rightiy been p'- disniissed by fhe learaed Tnbunal considermg the over circuinstaaces ofthe case. 06. In Ught of fhe above, we are not iacUned to iaterfere wifh fhe findiags arrived at by fhe Tribunal. The Appeal has no inerit and fhe saoie desen^es to be disimssed. Accordiagly, fhis appeal is dismissed. r ,A, Sd/- LM.Quddusi Judge Sd/- N. K. Agarwal Judge Rao