^ ® c^' ir/- IN THE HIGH COURT OF JUDICATURE AT BILASPUR ,CHHATTISGARH M.A. (C)No.U^Ml / 20d8[)S.B. . gj^W't^^ %.^ y^ APPELLANT . OWNE5^^, »,.--,:;.s«^-" /.v.^'w '•^'"\.^^^ M/s Director, M/s Capital Transport Company, Aligarh, Shah Kamal Road, Aligarh (U.P.) -\'iS (- ^•^'¥: RESPONDBNTS / APPLICANT Non-applicant No. 3 Non-applicant No, 1 VERSUS 1- Commandant Central Industrial security Force, Third Battalion, Bhilai, Tah. & Distt. Durg (C.G.) The Oriental Insurance, Sub Branch Office - Aligarh (U.P.) Ravindra Kumar, S/o Fauran , Singh Yadav, aged, about 35 years, R/o Village Alapur, P.S. Jashvant Nagar, Distt. Etava.^y^ r^ MISC APPEALUNDER SECTION 173 OF THE MOTOR VBHICLE ACT FOR ~"~~1^SS;37-cf/T CLAIM IN APPEAL 2^90^99 i B^'KBBABS^^ T XI-HC—78 ^^r -^pTT^q, '^'Tit^T^, ^<ni^y . ^ ^ Cc) /^o. ^_^j •TO^T^^"''"-'-"":-"''"":"""""'"'""t'^ 200 ^ ^R(?T 'q'^T (^t^q^) sn^T^T^fN? ^SH 3T{^T $h^ii^ ^^nwTaft^sn^r r' "5.B. Hon'bte Shri Justice N.K. Aoa vml 03-11-2009 Shri Santosh Yadu,counsel f<t Smt. Fouzia Mirza, counsel foili Shri SudhirAgrawal, counsel fl3 Heard on I.A. No.01, applicatjon forcondonation of delay in filing the appeal. On due consideration, 1 am 4atisfied that the appellant has succeeded in explaining the cause] Therefore, the application js allowedj the appeat is hereby condoned. Heard on admission. This is owner's appeat directe|d ^ainst the award dated 28- llotor Accident Clajrm Tribunal jil') in claim caseNo.158/2005 {it of Rs.2,86,379/- along wlth jwarded in favour of respondent Rs.6,000/- has been fastened jthe remaining llability for its 12-2006 passed by IXth Additional (F.T.C.), Durg (for short 'the Tribun^ whereby and whereunder an amoui interest @ 6% per annum has beena' No.1. Out of which liability to pay upon the Insurance Company and payment has been fastened on the ovijner of the appellant. The facts briefly stated as und( The Truck bearing registration bearing registration No. MP 24-C 472 06-04-2001, truck bearing registratior an accident with truck No. MP 06-E 2 ^l^lidyl^ 'RTR^Jt ^^St^^R ^^tSW 3?T^T the appellant. respondent No.1. r respondent No. 2. of delay in fiting the appeal. and the delay caused in fljing |No. MP 06-E 2424 and truck P involved in the accident. On No. MP 24-C 4720 met with >^24 and in pursuance whereof ^ XI-HC—78 sn^r^r^TW ^r^H 3H^T^^iW Kvr 1^W5'ST Sb*ll<=5» 7^[ '^TRI^T, •^Tii-yi®,1^<ni^ >l< ^^.»±.^.....^.:A^ 200 ^ 3:l^ST'ql5|^(^lfg^^) ^Rf?^ -?i1t^ 3={T^T extensively damaQed. The ciaima^ Section 166 of the Motor Vehicies compensation against the appellant LeSmed Tjibunal on a close ^ll^l!<r1i4l-t ^IMdf ^T ts^ <F»i^i< •^ SrtfTO 3i:(I^T its preferred ciaim petition under ^ct (for short 'the Act') ciaimed 1'or damage to the vehicle. jscrutiny of evidence, awarded a total sum of Rs.2,86,379/- holding th(e Insurance Company liable only for Rs.6,000j*??"<arld fastened the r4maining liabiljty on the owner. The only submission made by Shrj Yadu, learned counsel for the appellant that although the llability damage to property has not beerl Company by teking extra premium not been brought to the notice of the poiicy that in order to insure the veh :o pay more than Rs.6,000/- for undertaken by the Insurance |n this behalf. But this feet has lowner at the time of issuance of |cle for unlimited liability tovi^rds third party property damage, the o^vner/insured is required to pay additional premium of Rs.75/-. | | Having heard the leamed coui(i perused the award impugned, in the 4 whether or not this fact has bee|n informed by the Insin'ance Company will not absolve the appell^nt to pay compensation to the claimants. In the ab§enceof any sp^cific contraet to the contrary by paying extra premtum, the liability sel for the appellant arri havirig ?onsidered opinion ofthis ©ourt, of the Insuranc®Company is confined to Rs.6,000/- only under Se(|tion 147 ofthe Act. Admittedly, the appellant has not entered into an^ such contract by i^ying @xtra premjum in this behalf, therefore, j ieamed Tribunal (i®s rightly fastened the Jiability upon the appellai|it over and above Rs.@,000/". In the result, the appeal bejngjdevojd of merits is liable to be Sd/- and is hereby dismissed. N.K. Agrawal Judge 4-