XI-HC—78 mmww Wahtma‘wmm $$fmm i Appellant (insurer) ‘ Re‘spondentis (owner of vehicle) L‘‘“. RESPONDENT (Claimant) 5.4.2007 Shri appellant] Insurer IUDICATURE AT BILASPUR C.G. M.A. N0. 376 2004 National Insumnce Company Ltd. through its Asstt. Manager, National Insuranca Company, B- 1 Taha Oomplex 2m Floor, Ring Road No. 2, Privadamhani Nagar, Bilaspurr(Chh‘attisgarh) RSUS Rajkumar Srichand, S/o Not known, 'R/ o Gurunanak Chowk Tolwa, Bilaspur (Chhattisgarh) Manharanlal Kausmk S/o Hamru Prasad Kaushik Aged about 32 years Dnver R/o Gurunanak Chow, Toma, Bilaspur (Chhatu'sgarh) Goverdhan, S/o Latel Ram, aged about 1 1 years, Next Friend] Guardian Latel Rém R/o V111 Klran Tah Mastun D1stt Bllaspur i1 i ,4 ; counsel for the Shn Suml Otwam, coiunscl for respondents No 1 & 2 Heard on admssxon Wm an 290 IN THE HIGH COURT OF r EW,W,W WW (W) SanJay K $ 4/ Agrawal @ mamas WWW 4( WW (W) mafzam WWW WW ami’mm' against the impugned award dated 20.2.2004 passed in Clat‘imS Case No. 62/ 2002 whereby the learned Claims Tribunal e the erring vehicle was not ha licence at the time of accider Insurance Companx horn the w ‘directed the Insurance Compa claimants and mcoVer the‘s This appeal is directed . I have heard learned co Apex Court in the matter of __ Swaran Singh reported in 200 Lwherein paragraph 102 (x) a conclusion that the ins the Tribunal can dilect sel for the appellant. The above direction isued bV the leanled Claims Tribunal is in accordance wi the judgment of the Hon’ble tional Insurance Co. Ltd. Vs. 4 m Accidents Claims Journal it has been held that “where on adjudication of the claim under the Act the Tribunal arrives at r has satisfactorily proved its defence in accordance with thJEe provisions of section 149(2) oi: read with sub-section (7), as interpreted by this court above, t the insurer is liable to ‘be 9W mm I t m 200 Ven after holding that driver of ving valid and eifective driving t and even aiter absolving the payment of compensation, has ny to pay compensation to the e Inom the owner and driver of the vehicle i.e. respondents No. 1 and 2 herein. XLHC—78 W 3W W, Wang, M3%/V7 Wm @ W 200 am m (WW) ‘ WWW m ma W&¥I WW faétW $ 31%;!m ‘ In View of above, them is no illegality or infirmity in the K impugned award of the lealned Claims Tribunal which calls for interference. Accordingly, the appeal being devoid of substance is liable to be dismissed at the admission stage itself and is herebv dismissed. j ‘ Sd/— DHIRENDRA/Mlsm u - Judge