^ ® HIGH COURT OF CHHATTIS6ARH /^T BILASPUR M.A.No.S3^/2006 CORAM: Hon'ble Shri S.R. Nayak, CJ &. Hon'ble Shri Dilip Raoscxheb Deshmukh, J. APPELLANT Claimant The New India Insurcince Co, Ltd. Through bivisional Manager, The New Indian Insurance Co. Ltd., Jail Road, Raipur C.6. RESPONDENTS Versus 1. Tirith Bai W/o Chajtu Ram Kashyap Age 50 yrs. 2. Chaituram 5/o Maujiram Age 52 Yrs, 3. Kameshwar Pra^xd S/o Chaituram l&xshyap ^ge 17 Yrs. Tlirough ^iardjan Father Chaituram Kashyap. All Residentof Boerjhitti, Thana Nevara, Distt. -Raipur C.©. 4. Pavitra Kumar Alies Pavitro 5/o Dhomjram Yadav. ViIlage-Jora, P.0. Krishak htagar, Labhandi, Thana- Telibanda, ftaipur, Tahsil A Distt. Raipur C,G. (Driver as per Criminal Record) 5, Manharan S/o Puransingh Yadav, R/o Jora, Shaupoira/ P,0- Krishak Nagar, Labhandi, TTiana-Telibanda, Raipur, Tahsil <& Oisn. Raipur C.6. (Owner) 6. 5hyamlal S/o Mdhesh Prasad Rawat Age 27 years. R/o Near Sharda Mandir, Telibada, Raipur C.6. Shri Sudhir Agrawal, Counsel for the dppellont >— r^ ORAL ORDER (Passed on 22nd March, 2006) The following judgment of the Court was delivered by S.R.NAYAK, CJ. In 1+iis appeal preferred by the Insuronce Compouiy. tiie only subst<xntive ground urged before us by the learned counsel for the oppeJlcyit-Insurance Company is that while the accident took plaas the motor vehicle involved in the accident was driven by a minor and therefore, the M.A^CT. ought not to have fastened the Jiability to pay compensation on the appellant-Insurance Company. Of course. such a plea was taken by the oppellaint-Insurance Compainy in the writt-en statement filed in the ca^, but, the Insurance Company hois utterly failed to substantiate that plea. In 1+iat view of the matter, we do not find any merit in the contention that the appellant-Insuromce Compo^y could not have been sadd\ed with the liabitity to poy compensation. 2< The appeal is devoid of merit and it is accordingly dismJssed. Nocosts. g^ Sd/- Dilip Raosaheb Deshmukh ChiefJustice Judge \c^^