HIGH COURT OF CHHATTISGARH AT BILASPUR M.A. No. 1038 of 2005 Appellant Unitcd India Insurance Co. Ltd. Through Branch Manager, in front of Anupama Talkies, Jagdalpur, Disfn'ct- Bastar (C.G.). Respond€nts 1. Sarwau Kumar Dewangan S/o Shn' Banshilal Dewangan, R] o village- Nayapara, Asna, District— Jagdalpur (Bastar) (C.G.). 2. Kanchan Bai Wd/o Komal Dewangan, aged 4O years, R/o Village— Heerapur, Tahsil —— Kondagaon, Distn'ct- Bastax, Burg (C.G.). Versus ‘¢/. DB: Hon’ble Shri Justice S R Nayak C J &,- Hon’ble Shn’ Justice sétiéh K. Ag’niim'ui, J, Mr. Sanjay S. Agaxwal, Advocau: for the appallant. ORAL ORDER ( 2nd December 2005) The following order of the Court was passed by S. R. Nayak, C.J. In this appeal prefened by the Insumnce Company while. assaih'ng the correctncss of the impugned award, 1eamed counsel for the Insurance Company would contend that notwithstanding the serious technical defects in the vehicle involved in the accident, the driver] deceased was driving the vehicle and that is why he caused the accident and therefore, the dependent of the deceased is not entitled to any compensation. Secondly, it was contended that the M.A'C.T. was not justilied in taking the income of the deceased as Rs:l500/- per month. Both the contentions are not acceptable to v 11$. We have perused the original record. It is tine that inwthe Written statement tiled by the Insurance Company it was stated that there was a defect in the vehicle. The allegation made by the Insurance Company in the written statement‘is as vague as“ it could be. It has not pointed any particular defect in the vehicle and therefore, the a IQ By 110 stmtch of imagillation we could think that the M.A.C.T. has m‘red in law in taking income of th€ deceased as Rs. 1500/- pm" month, which works out to Rs. 50/ ~ per day. Sd/- W ICV‘llief Justice ‘ P r Satish K. Agnihotri } w e -Judge' ~ N .. . eA ,