1 ] i!?.' 11^'Y M^ . ;S ^ IN THE HIGH COURT OF JUDICATURE AT BILASPUR: CHHATTISGARH MISC. APPEAL N0. ^ (/^OF 2005 Oivisi'on Bsni^ APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 APPEAL VALUED AT RS. ^93.500/- (RUPEES THREE LAC NINETYTHREETHOUSAND) FIVEHUNDREDONLY) Appellant •Non-Applicant No. 2 Respondent No.1. ^•pplicant ^. \ :<\ / A'7 RespondentNo.2 Ngn-Applicant No. 1 Insurance Co. Ltd. Distt. Ahmadabad (Gujrat) Through its Divisional Manager, Divisional Office, The national Insurance Co. Ltd., G.E. Road, Raipur (CG) Versus a/ Smt Dashri Bai, aged about, 30 years, Wd/o Dashrath Dhruv Occupation - Housewife b/^ Poonam, aged about 11 years D/o Late Shri Dashrath Dhruv Chumman, aged about 7 years S/o Late Shri Dashrath Dhruv Ku. Chameli Dhruv, Aged about 4 years, D/o Late Shri Dashrath Dhruv e/y- GhuruwaRam Dhruv, aged / about 55 years, S/o Late Shri Dewan Dhruv (All Residents of Vill. IVlajarkatta, P.S. Gariaband, Distt. Raipur (CG) Sourabh Builders A.T. Barodara •" Through Sourabh S/o Navneet BMai, R/o ofVill. Majarkatta, P.S. Gariaband, Distt. Raipur ^ .— ^^fi£;SZ^X^~-^^-• XI-HC-78 \d-oq.<|iqi(.)0,t»tl1wi<»^Rril<(-iy<( qilCTlWTT^ an^ST^ (1ciij°i<Ei) ^200 sii^igirR-fitb a2iT3n^?r**fi<b <-~^- B^RITSR^lfcrSTI^CT ^i<iFc»<nift*ii+iwY^'f^1^ 1<[uitg]f^ ^SfRpTSII^ST' • HON'BLE SHRI A.K. PATNAIK, &H01^LE.SHRL.DJi.JDESHMUt<H^J. 19-09-2005 !VI.A,NQ.847Qf2005, Heard Mr. N.K. Agrawal, q for the appellant. This is an appeal against the 13th Additional Motor Accideni Case No. 53 of 204. The facts briefly are that or| a dumper No. GJ-A.T./2585 and| the road. Dashrath Dhruv succurhbed Respondent No.2 - Sourabh Buil and the appellant was the insuret heirs of Dashrath Dhruv filed the and the Tribunal awarded a sunh claimants and held that the apri< insured the said vehicie would be| On a perusal Of the grourlds main ground taken in the appeal) having a valid and effective drivirfe oiher grounds are that the Tribitial defence taken by the appellant. In this case no permissiof contest the claim on the grour|ds Section 149 (2) of the Motor Ve( been adduced by th9 appellant -| |r. Advocate with Mr. Q. Aziz, Advocate |he award dated 13.05.2005 passed by Claims Tribunal (FTC), Raipur in Ciaim 29.05.2004 Dashrath Dhruv was driving 1 the dumper dashed against a tree near to the injuries and died on the spof. !|ders was the owner of the said dumper r. Respondents 1 (a) to 1 (e), the legal yoresaid claim case before the Tribunal of Rs.3,93,500/- in favour of the said illant - Insurance Company which had liableforthe award. taken in the appeai we find that the is that the driver of the vehicie was not licence at the time of the accident. The lost sight of the materiai as per the has been taken from the Tribunal to other than those mentioned under iicle Act, 1988. No evidence at all has nsurance Company before the Tribunal. ^anfiLMK^^ ^ *l)H<AISF'n^i dT'ii'^ii<Liirt«,WTcTl'<-i<f<»,R0i'(iy'( ^_ <37-^' (ii\~1 /Q^^ ^ .„:/.........-;......^....^.... 3TT^?T q^P (>jc|ijc|,^) sn^siwR'ii* ?RITaiI^?T*Nicb <1."\ \lt 3^ai8R^ri8?Tsn^r Even if there was a breach of the pj the insurance Company would stij ciaimants. We, therefore, do not find s| we dismiss the same. Sd/- CUefJustice tbwid41-l NIHriT^'ls'cl xKni^l'c ^)3lf^I3IT^9T olicy, it is settied by the Apex be liable for the compensation to the ny merit in thisappeal and accordingly Sd/- Dilip Raosaheb Deshmukh Judge r