HjQHCGURTOFCHHATTISQARHATBSLASPUR Sinale Bench : Hon'bie Shri Diijp Raosaheb Deshmukh. J. M.A. (C.) No.299/2008 Appeijant Non-aDDiJcant Respondents ADDJicarit Abhijeet Singh, S/o Santokh Singh; age 32 yeare; resident pf Vidyut Boarti ; Warci No.1, CfiuiNiadan, TaHsi! Chui adan, District Rajnandgaon (C.G.), - /- , :; ..^ ;;.';'- 1 (Qwher) Verevs ,. .: 1. Keertan, S/o Babulal, Caste-Marar; age 31 years, resident of Village Haatbsinja, Police Station & Tahsil Chuikhadan, District Rajnandgaon (C.G.) 2. Komal Singh S/o Milan Singh. age 33 years, Occupation -- Driver, resident of Shankar S^tegar, Raipur, at present "Vahe-Guai" Travels. Chuikhadan, Distrlct Rajnandgaon (C.G.) (Driver) 3. National Insurance Company Limited, Branch Office, Kaamthi Line, Rajnandgaon, Tahsil & District Rajnandgaon (C.G.) (insurer) MISCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. Presenf :- Shri R. N. Jha, counse! for the appeliant. No one appears on behaif of respondente NoJ & 2, though served. Shri Shree Kumar Agrawal, Senior Advocate with Shri Anand Kumar Gupta, counsel for respondent No.3. Appeliant jVon-apDSicant Respondents Aooiicants M.A. (C.) No.854/2008 Abhijeet Singh, S/o Santokh Singh; age 32 years; resident of Vjdyut Board Ward No.1, Chuikhadan, TahsiS Chuikhadan, District Rajnandgaon (Owner) Versys 1. Smt. Sakun Bai , W/o Manrakhan iodhi, age 21 years, resident of Khaira Nawapara; Pollco Stetion & Tahsil Chuikhadan, District Rajnandgaon (C.G.) -2-- ^ Respondents Non-applicants ^^. 2. Minor Pratap Kumar, S/o Late Manrakhan Lodhi, age 3 years, Through Natural Gyardian mother Smt. Sakun Bai, W/o Manrakhan L©dht,age 21 years, resident of Khaira Navwapara^ Poiice Station & Tahsil Chuikhadan, District Rajnandgaon ip.G.) 3. Komai Singh S/o Miian Singh, age^33 years. Occypation — Dnver, resident of jShanloir Nagar, Raipyr, at pr^sent "Vahe-Guru" Travels, Chuikhadan, Dsstrict Rajnandgaon (C.G^ (Driv^l 4. National Insurance Company Umited, Branch Office, Kaamthj Ling, Rajnandgaon, Tahsi! & District Rajnandgaon (C.G.) (tnsurer^ BfliSCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. Present :- Shri R. N, Jha, counsel for the appellant Shri Shree Kumar Agrawal. Senior Advocate with Shrl Anand Kumar ©upta,counsel for respondent No.4. Appellant Mon-appHcant Resoondents ApDlicanSs Respondents Non-apDlicants M.A. (C.l N0.8S6/2008 Abhijeet Singh, S/o Santokh Singh; age 32 years; resident of Vidyut Board Ward No.1, Chuikhadan, Tahsil Chuikhadan, District Rajnandgaon (C.G.) ;_ , (Owner) Versus 1. Sirajuddin, S/o Nabi Mohammad; Ceeste Musalman; age 25 years, resident of Khaira Nav^para; Police Station & Tahsil Ctuiskhadan, District Rajnandgaon (C.G.) 2. Komal Singh S/o Milan Singh. ag©33 years, Occupation ~ Driver, resident bf Shankar Nagar, Raipur, at present "Vahe-Guru" Traveis. Chuikhadan, Di^rict Rajnandgaon (C.G.) (Driver) 3. National Insurance Coinpany l..imited, Branch Office, Kaamttii Line, Rajnandgaon, Tahsil & District Rajnandgaon (C.G.) (insurer) itfliSCELLANEOUS APPEAL UNDER SECTION 173 OF THE MOTOR VEHICI.ES ACT. -z- ?? Present :- ^ - . ' :.. , ;. Shri R. N. Jha, counsel for the appeilant. Shri Shree Kumar Agrawai, Senior Advocate with Shri Anand Kumar Gupta, counsel for respondent No.3. ORALORDER (Passed on this 14th day of November, 2008) Thls order shall govern Miscellaneous Appeal (C) No.299/2008, MisceiSaneous Appeal (C) No.854/2008 and MisceHaneous Appeat (C) No.856/2008. (2) Abovementloned appeais were heard on admission. (3) Brief facts are that on 13-04-2005 at about 11 A.IVI., one passenger carrying Bus bearing Registration No.M.P.04-H/8417 (henceforth "the bus") owned bythe appellantand driven by the respondent No.2 met with an accident resulting in injuries to Keertan Ram and Sirajuddin and death of one Manrakhan. Keertan Ram filed Claim Case No.19/2005, Sirajuddin fited Claim Case No.35/2005 and Sakun Bai, widow of the deceased- Manrakhan and her minor son filed Claim Case No.23/2005 before the Additionai Motor Accidents Claims Tribunal, Khairagarh, Disbrict Rajnandgaon (henceforth "the Tribunal"). The Tribunal exonerated the snsuer-National Insurance Company Limited on the ground that atthe time of the accldent, the bus was not insured and liability was fastened on the appellant/owner to pay compensation of Rs.2,90,134/- in Claim Case No.19/2005, Rs.2,99,000/- in Claim Case No.35/2005 and Rs.2,38,432/- in Ciaim Case Ho.3512QQ5 vide order dated 06-11 -2007. (4) MJscellaneous Appeal (C) No.299/2008 arises outClaim Case No.19/2005, Miscellaneous Appea! (C) No.854/2008 arises out Claim -A] y Case No.23/2005 and Miscellaneous Appeal (C) No.856/2008 arises out Claim Case No.35/2005. (5) The sole ground urged by Shri R.N. Jha, learned counsel for the appellant/owner in all the three appeals is ttiat the appellanfcfowner bad paid premium to the Agent ofthe Insurer two da^ pnorto 13-04-2005. It was uiged that in Ex,D-5, acceptence of the preniium pald by ttie appetlant was wrongly mentioned to commence from at 3 P.M. on 13-04-2005 and the date of commencement ofth®poiicywas also WTongly mentioned in Ex.D.6(C) as 14-04-2005. !n support of his arguments, learned counsel for the appeltanVowner read over ttie statement of the appeilant-Abhijeet Singh, N.A.W.1 and the statement of P. S. Bindra, N.A.W.2, Branch Manager. National Insurance Company Limited, Bhilai. No other ground was urged. (6) Having heard leamed counsel for tiie appeltant/owner, 1 have perused the record of Claim Case No.19/2005, Claim Case No.23/2005 and Claim Case No.35/2005. !n his testimony as ateo in cross- examination, the appelianVowner-Abhijeet Singh has made a clear assertion that the bus was got insured by him bythe New India Insurance Company Limited and not from National Insurance Company Limited. Policy issued by New india Insurance Company Limited has not been produced or proved by the appellant. During cross-examination of P. S. Bindra, N.A.W.2, Branch Manager, Nationa! tnsurance Company Limited, Bhilai, it has been suggested ttiat the premium was ^id prior to the accident to one Vijendra Mahobia, agent of the insurance company. How^ver, the appellarrt did not examine Vijendra Rtehobia to substantiate this. Shri P. S. Bindra, N.A.W.2, Branch Manager, Nationa! Insurance Company Limited, Bhilai has proved Ex.D-5 v^hich cleariy shows that the ^r~ Tumane premlum was accepted at 3 P.M. on 13-04-20C^.Underthe policy Ex.D.6, the insurance coverage hascommenced from 14-04-^305. lamofthe considered opinion that the Tribunal has, after property appreciating the evidence led by the parties, correctly recorded a finding ttiat the bus was not insured at the time of the accident which had occurred at about 11 A.M. in between Village Salhewara and Aamgaon. The finding recorded by the Tribunal is thus impeccable. (7) In this view of the matter, the Tribunat has rightly fastened liability on the appellant/owner white exonerating the insyrer. There is no merit ifi all the three appeals i.e. Miscellaneous Appeal (C) N0.299^2008,; Miscellaneous Appeal (C) No.854/2008 and Miscellaneous Appeal (C) No.856/2008 whic^are accordingly dismissed at the stage of admission. A copy of ftiis order be placed in all the connected matters i.e., Miscellaneous Appeal (C) No.854/2008 and Mliscsltaneous Appeai (C) No.856/2008. Sd/- Dilip Raosaheb Deshmukh Judge