^e. -V. i^L" L'^ '^' Jlt'/ TK£ HI(AK Cu^^T ^r-Jv^fC^^^E. /:)T Bri-^pv/^ 4^€M@-OFAPPEALUNBEftSE€TOaN-^3-OF-MQT0R-,4^/ <L-ttHfi'rTrs^fi^H ^gHXCLE ACT 1988-/ n.-..:.._ .. . . >nBenc» M.A.fC) N0. l^f/2008 APPELLANTS €1^ .^^^^ 'y^L- l^""! RESPONDENTS Geeta Kumar S/o C.P.Saral Aged about 21 yrs. R/o Village & Post Offjce - ' Dabhara Tahsii -Dabhara Distt. Janjgir Champa (C.G.) —-NoiiApplicantNo.l (Driver) 2^Rajesh KumarAgrawal S/o Kedar Nath Agrawal Aged about 35 yrs. R/o Dabhara Tah.- Dabhara District. Janjgir Champa (C.G.) ,Nort Applicant No.2 :l^Smt. Mahirna Bai Wid/o Late ^ Bhesingh, Age about 39 yrs . 2^ Minor Ku. Khiieshwari D/o Late Bhesingh, Age 8bout 14 yrs iU£i.^L_.^^.^P^ 'l ^MinQr Rishi Kumar S/o Late Bhesingh, Age About 11 yrs. 4^ Minor Krishan Kumar S/o Late Bhesing, Age about 06 yrs. Naturat Guardian Smt. Mahima Bai for AIi above Minors 5. $mt. Jankj Bai W/o Late Jabar Singh, Age about 65 yrs Alt are R/o Viltage-ThakurpaIi, Potice Station -Dabhara Tah.- Dabhara, Distt- Janjgir Champa (C.G.) -Ciaimants 6.^Mew India Insurance Company Ljmited, Raigarh through Branch Manager, Branch Offjce Ralgarh (C.G.) —"—NonApplicant No. 3 APPEAL UNDER SECTXON f3.JOF MOTOR VEHICLE ACT. 1988 ^:. HIGH COURT OF CHHATTISGARH AT BILASPUR APPELLANTS M.A. (ONo.1469 of 2008 Geeta Kumar & Another RESPONDENTS Versus : Smt. Mahima Bai & Others APPEAL UNDER SECTIQN 173 OF THE MOTOR VEHICLES ACT DB: Hon'ble Shri Justice I.M. Quddusi & Hon'ble Shri Justice N. K. Agarwal. Present : Shri Pushpendra Patel, Advocate for the appellants. Shri Shreekumar Agrawal, Sr. Advocate with Shri Pankaj Agrawal, Advocate for respondent No. 6. ORAL ORDER (Passed on 09.11.2010) Per: I.M. Quddusi, J. 1. The instant appeal has been preferred by the appellants against the order dated 30.06.2008, passed by the Additional Motor Accident Claims Tribunal, Sakti, Distt. Janjgir Champa (for short 'the Tribunal') in claim case No. 39/07, awarding compensation of Rs. 3,72,000/- in favour of the claimants and as against the appellants/driver & owner. 2. Brief facts of the case according to the appellants are that, on 27.04.2007, Bhesingh (since deceased) while coming towards Thakurpali from Pathalgaon on Matador (407) bearing registration No. CG-11-A-4005, the said Matador turned turtle, as a result of which Bhesingh succumbed to the injuries sustained in the said accident. 3. The claimants preferred an application before the Tribuna! under Section 166 of the Motor Vehicles Act, clajming "'•'^ i :.m,i ./. 6. 7. 8. compensation to the tune of Rs. 38,25,000/- for the death of deceased in the said accident. The Tribunal, on a close scrutiny of evidence led, material placed and submissions made by the parties, awarded a sum of 3,72,000/- in favour of the claimants and as against the appellants/driver & owner holding the appellants liable for payment of compensation to the claimants. We have heard the counsel appearing for the parties and perused the Lower Court Record which shows that the Matador which met with an accident was insured only to the extent of two employees. The passengers were neither allowed to sit in the said vehicle nor insured by the insurance company, therefore, if the petitioners allowed the passengers to sit in the said vehicle unauthorizedly, it was the sole responsibility of the owner of the vehicle. The Tribunal concerned has rightly imposed the liability upon the appellants/driver & owner of the vehicle for payment of compensation to the claimants. No other points have been raised by the appellants. In the result, the appeal has no force, the same is liable to be and is hereby dismissed. No order asto costs. Sd/- I.M.Quddusi Judge Sd/- N. K. Agarwal Judge Sahu