..... a ..... H \I a \ \ w A ’ a .............. ..... ................ iii; W a ‘1 i IN THE HIGHCOURTéig JiiDIEATURE Ag B f § i CHHA1¥5rISGARH $1,? M%sc. APPEALm’NdmPG/OF 2004 gvision MISCELLANEOUS ’ ‘ (MOTOR‘VEIEIA’CLES APP L UNDER ACT SECTION 1988 173 APPELLIANT/ Nationai Insurance Co. ¢ 1 /I‘r«:sUR$R Through Assistant r; J National Insurance B—1, Taha Complex, Floor, Ring Priyadarshini Biiaspur (Chhattisgarh) V E R S U S I x it»; i i [i IDRIVER] E§PONDENTS/ Ly R/o Ne'm Jarvaiya, Singh, District S_/o-Chetram’ 1.2% {w Chhattisgarh. :1’ 3? i i , i i < RESPONDENTS OWNER] é “983/§fpii§$£a§§$£t§hii§i Distt. Durg [Chhattisgarh] i i i . ([icLAI‘MAN'I-s} RESPONDENTS/ w:-L:gi:“;5:i£s/;e;:radhar ¥ § :ge-d Hiroundi about 113D/o years’ fl Mfg/\WW ”(3 W’ “‘1we -‘$ “gm. ‘i SW“ ........ ,L . ....... - " 9* é 6. ' Umashankar,S/o aged about 08 years: ...... Q‘ Z. tBhojraj, S/o aged about 5 yEars’ - ”a? ii%itt’essy/§a+§°dh“ I“? gg’ K smetd ago3363Iygavrg,J h bai / i (I L4“ OF Ltd., Manager Co.Ltd., First Road, Nagar Durg Ramadhar Rafnadhar: Ramadharé agedi i a‘gg’azt’ i UR l /«’ Bum g? M 9 i1 ii ‘ ‘ 1i i l espondents No 4 o bein rs throuh thew lega uardian mother nam b d/o Ramadar il R/o k , Repondents 3 to 9 a are Vlllage Keha, P S SaaJa Post Chnl p Dlstt Durg [C G] EAL UNDE LE ACT 198 M R t7 g Mmo g l G Aj an W h. , VP R SECTIO V MOTOR VEHIC 8 .HIGH COURT OF CHHATTISGARH : BILASPUR , M. A. N0. 1277 of 2004 Appellant Respondents Nem Singh 85 others MISC. APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 National Insurance Company Ltd. Versus DB: Hon’ble Shri I. M. Quddusi . & Hon’ble Shri N. K. Agarwal, JJ Shri Sanjay K. Agarwal, Advocate with Shri Sourabh Sharma, {X Advocate for the appellant. Shri Arjun Singrol, Advocate for the respondents N0. 4 to 7. None for the respondents N0. 1, 2, 3, 8 and 9. ORDER (Oral) ( Passed on this 20th day of November, 2010 ) ‘Per I. M. Quddusi J. Heard. The instant appeal, filed by the appellant Insurance Company, arises fr0m the award dated 27th August, 2004, passed by the First Additional Motor Accident Claims Tribunal, Durg in Claim Case No. 41 / 2004, on the ground of quantum as well as liability. The facts, in brief, are that on 25.5.2001 in the morning deceased Ramadhar along with his nephew Ramesh was going to Gayatri Hospital, Durg, by his motor cycle, bearing registration No. M.P. 24- E/8520. Near village Kodia the Jeep, bearing registration No. M.P. — 24-C/4682, which'was being driven by the non—applicant No.1 in a rash and negligent manner, hit the motorcyclekthereby deceased received grievous injuries and during treatment he succumbed to those injuries. ‘ The widow, four minor children and parents (total seven claimants), being legal heirs of the deceased, had filed a claim case for award of a '6 total compensation of Rs. '1 1,75,000/- under various heads. Learned Tribunal, having regard: t0‘ the facts and circumstances and the evidence on record, granted a total compensation of Rs. 3,82,200/- along with interest at‘th‘je’irate of 9% per annum from the date bf the application i.e. 22. 1020,91. Learned counsel appearing for the appellant Insurance Company submits that the offending vehicle was a commercial transport vehce, the dre he fedi vehicle did not have the valid and effeive rivinnce rive he transport vehicle, as he was only having icence tidrie lt t v breh e in ply T mo wa sedp‘as R 5 8 s ppliedkh i d t Show ha j nv a th th cdent as caused du to rash n negligent driving of he dri of the hicle. e ave heard earned counse apparing for the parties and perused e cd.‘ are ribunal aer marshaling the evidence on record has come t‘the right conclon that the accident was caused by the rash and eligt drivng of the rive of the offending vehicle. It has been eld tat the Jep — offending vehicle, come uner the category of a igt her vehicle and t no4applicant_l\lo.l river) was having ’ he id and effective riihg licence to dive that vehicle. Lerned Tribunal, ang ito consideati the monthly income of t decasd as Rs. 2500/—, as there was no ruttal of the same from te other se, fter kig- deduction of l /3rd , assessed the early ependeny as Rs. 20,00/-. Looking to the age of the y dc 4 il ivr o'f ‘t Ofnng ct dg-lice to d t l ov igh vehicle, therefore, he ehicle was plied in ac of th Surance oic. he nthly income of the deceased s asess s. 200/—, without any basis and the multiplier of 1 wa awhic s on higher side. There was no evidence on recor o tt the offending eep was iolved in 'the accident - nd at e aci w e ad t ver ve W h l l e th reor Lend T ft o usi ngen i dr h h e s d lh mot he n (d t val dv r V a tki n ron he ee eb h id a mana Ky deceased as 3O years, by applying the mu' 1er of 18, Rs. 3,67,200/—.haV6 been awarded towards loss of dependency. In addition to that, Rs. 5000/- have been awarded towards funeral expenses and Rs. 10,000/- towards consortium to the widow. Thus, a total compensation of Rs. 3,82,200/- has been awarded. Having regard to the age of the deceased and the number of dependents we do not find any irregularity in award of compensation. There is no mention about the fact as t0 whether, at the relevant time, the jeep was carrying goods or was loaded and was being used a for commercial purpose. The appellant insurance company has not led any evidence in this regard. Therefore, it cannot be said that at the time of accident the Jeep was being used for commercial purpose Ini'view of the above, there is no force in this appeal and the same is W: V r Sahu/ Roshan/ Thakur V dismissed. No order as to costs. t L e i > Sdl- 1 ' l.M.Quddusi : Sd/— i Judge N. K. Agarwal Judge