Li) C m THE HIGH COURT OF CmA’I‘TEGARI-i AT BILASPUR x“ (9 J, M.A. No. Zléé /2002. if APPEAL UNDER‘S‘ECTION 173 OF THE MOTOR VEHICLE/ACT 1988 (claim valued at ks 50,000/—). APP ELLANT z The New Inaia Assurance Co. Ltd. NON APPLICANT No.1 y/é'uilding’w, Mahatma canahi Marg X Thraugh : The Sr. Branch Manager. The New India Assurance Co. Ltd. Bilaspur (CoGo ) . VERSUS RBPONDENT NO . l Sendara Bai W/o Prahlad. aged CLAIMANT N0. l about 23 years. No.1 A Kunwariyan D/o Prahlad. aged about. 6 years. No.1 B Kanchan S/o Prahlad. aged about years . No. 1 C Dhukhuva 3/0 Bharosa. aged about 55 years. All depended late Prahlad S/o Dukhuwa, all resident of village §urhan, Thana. Chhui Khadan, Tah. Chhui Khadan, Distt. Rajnandgaon (c.G.); RESPoNDENT No.2 MOM‘ NON APBLECANT No.2A Salam-S/o Jan Haji, Owner of’ Truck village s: agst’, Charghat. Distt. Rewa (M.Pf). RESPONDENT No.3 Bhai Lal s7o Bhagirath, aged 3o yrs; R/o Mandri, PbS. Pura Mukti. P/Distt. Allahabad (U.P. ) . ....cor’1td..;. f ‘NoN‘ APE—mew“? ‘No . 3 i! .-" .‘ W id -__ V — J 2—3 Belng agg‘v eved by the :Lntetlm award dated 16-7-200’ passed m Clam ease No. J/95 by the Add/Ltional Cla/w‘s TrJ.buna1, Khalra— A‘TM gA garh tween the partles Smt. Sendara BaJ. & others versus The New India Assurance Co. Ltd.. the appellant begs to prefer this appeal on the fallowing tacss and grounds amongst others p- FACTS 5313: XI-HC-22 mm m mm m LMW XI~HC—22 WW’W,W mmmwwwm 200 m This is a third party c} Tribunal has directed paymen also directed that the claimani :s shall withdraw the'amount only after fuxnishing the securi ty. No fault liability is payable ‘ ' by the owner and in case t1 16 vehicle is insured by the behalf of the owner. insurance company for and on This Court has gone thrOL gh the award Prima facie, the Tribunal has given thefinding in fa‘vour of the claimants. The be perverse or illegal. This is ‘said funding cannot be said to iiabimy.‘ g only for the purpose of no fault ots and circumstances of‘the Having considered the f case and material onrecord,‘ nds of justice will serve if a ts towithdraw the amount only after furnishing the sec rity and further on suitable application being made, the o ner to furnish the indemnity bond for the said amount be re the Claims Tribunal. The \insurance company during tri Shall further be entitled to “[qiééfaa ft aim. Having considered, the t of award. The Tribunal has direction is given to the claim \ i /\ “a“ disposed of. 1493/2002 for stay stands A \w Sd/— Fakhruddin s Judge Consequently, M. C.P. N disposed of. XI—HC-22 ' I m ‘ m§“aw$£@£n£X;Z€§£i2%i’2m E WEEK WW WWW mmi£wm K § _ agmm ' § 9 : lead evidence regarding its liab' ty, which shall be considered on its own merits afresh, here a11_ parties will have E opportunities. In case the ins ance company succeeds, the security furnished by the elai ts and the indemnity bond ‘ to be furnished by the owner W protect their interest. In the aforesaid view of t e matter, this appeal stands