,~. •--^. uyS^ifilflr.l'n?'-'-''-^'",''^-'--).'^'^^-'-1 -'-^'v^ IN THE HON'BLE H COURT OF CHHATTISGARH AT BILASPUR M.A. (C) No. ..^.^^ OF 2008 (APPEAL VALUED AT Rs.3,54,500 /-) APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACTS, 1988. APPELLANT. (NON-APPLICANT N0.3) The New India Assurance Coinpany Limited, Through: Its Divisional Manager, Divisional - Office, IInd Floor, Rama Trade Centre, Above UTI Bank, Opp. Rajiv Plaza, Bus Stand Road, BUaspur, Distt.- Bilaspur (C.G.) VERSUS (APPLICANTNO.l) :1. Smt. Phoolvati Wd/o-Late Vijay Singh . Gond, aged-24 years, (APPLICANT N0.2) :2. Smt. Chandravati Wd/o-Late Vijay Gond, aged-23 years, (APPLICANT N0.3) :3 Jitendra Singh, S/o-Late Vijay Singh Gond, aged-5 month, (Mother- Srat.Chandravati, respondent no.2) (APPLICANTN0.4) :4. Babiilalsingh S/0-Ratiram Singh, Aged- 40 years, Respondent No. 3 is Minor, through his Mother- Smt. Chandravati (Respondent No.2) Respondent no.l to 4, AU are R/o- viU.- Sodhakhurd, Out Post-Belgahna, P.S. 8s Tah. Kota, Distt.- BUaspur (C. G.) (NON-APPLICANT N0.1) :5. Banwari lal Gupta @ Pintu, S/o-Bachhu PrasadGupta, R/0-vm. Pipraha.P.S. Rajendragram, Distt.- Anuppur (M.P.) (NON-APPLICANT N0.2) :6. Bachhu Prasad Gupta, S/O-Shri Sunderlal Gupta, R/O-viU. Pipraha, P.S. Rajendragram, Distt.- Anuppiir (M.P.) t^w —•?•; "\ rsssc- fs/i -%• v^ ^. ^ !GH COURT OF CHHATTiSGARH AT BILASPUR DSVISiON BENCH: HON'BLE MR. i.M.QUDDUSI & HQN'BLE MR. G. MINHAJUDDIN. JJ. The New India Assurance Company Limited, Bllaspur (CG) Smt. Phoolvati and others Mr. Dashrath Gupta, Advocate for the appellanVinsurance company. Mr. AL Sahu, counsei for respondents No. 1 to 4. Mr, Suresh Verma, counsel for respondents No. 5 & 6. •th This appeal has been filed by the appellant/insurance company against the award of 1 Additional Motor Accident Claims Tribunal, iilaspur (in short "the Tribunal"), dated 12th March, 2008 passed in Claim Case No.265/07, insofar as it has fastened the liability to pay compensation upon the appeliant/insurance company. 2. Brief facts of the case are that on 10.12.2006 Vijay Singh, who was working under the employment of respondent No.6 Bachhu Prasad, on the instructions of respondent No.6, was going to Gourela in Jeep bearing registration No. MP-18/D-0027, which was bein^ dfiven by respondent No.5 Banwari Lal Gupta. Respondent No.5 by driving the said vehicle In a rash and negiigent manner caused accident, as a result of which Vijay Singh sustained grievous injuries and died during the course of Sreatment in hospitai. Report of the accident was lodged at Poiice Station : Goureia. At the time accldent, the deceased was 25 years and was earning Rs.100/- per day by.iabour work. Therefore, respondents No. 1 to 4 being legal heirs of the deceased, filed a ci-aim petition under Section 166 of the Motor Vehicles Act, 1988.(in short "the Act, 1988") before the Tribunal for a ^^s^'^^s^^"?^Wt^iyl!^r^a^]^^^^i^^-^ a- total compensation of Rs.9,70,000/- against the death of Vijay Singh under various heads. 3. The Tribunal has held in the impugned award that occupant of the vehicle would come under the category of third party, but we are not in agreement with the opinion of the learned Tribunal as the policy was a liability poiicy only and not a package policy and the occupant i.e. the deceased was sitting inside the vehicle when the accident had taken piace. Therefore, the appellanVinsurance company should nof have been.held liabie to pay compensation. 4. In view of the above, the appeat is allowed. Ths appellanfinsurance company is exonerated from its liability to pay compensation to the claimants. However, it will be open for the claimants to realize the amounf of compensatiQn from the owner of the vehicle. The amount, if any, deposited by the appellant/insurance company shail be allowed to be withdrawn by it and if the same has been disbursed, then She appellant/insurance company can recover it frorn the owner ofihe vehicle. er as.to costs. G.Minhajjudin Judge .'- Judge X