.V7 .V'' ^ Bivision Bencft IN THE HIGH COURT OF JUDICATURE AT BILASPURCC.G') MISCELLANEOUS APPEAL N0. 2005 APPELLANTS CLAIMANTS '?1.Lb "V ( '- ^'.f' . ^ RESPONDENTS NON-APPLICANTS ,> Smf. Pawan Bai Kanwar, Aged about 50 years, W/o. late Sundru Ram, Occupation Housewife. -^. Mahesh Kumar Kanwar, Age 33 years. 3. Sarju Ram Kanwar, Age 27 years. 4. Jantru Ram Kanwar, Age 25 years. Appellant No.2 to 4, S/o. late Sundru Ram Kanwar, R/o. Village Mohgaon, Post Amsena, P.S. Palari, District Raipur (C.G.) 5, Smt. Rameshri Kanwar, Aged about 31 / years, W/o. Shri Padum Kanwar, R/o. Village Bhaisatara, District Raipur (C.G.) 6. Smt. Bitamin Kanwar, Aged about 29 •^ years, W/o. Shri Shiv Kumar, R/o. Village & Post Chhati, Tahsil & District Dhamtari (C.G.) 7. Smt. Manglin Kanwar, Aged about 23 years, W/o. Shri Tukaram, R/o. Village Sukulbagh, District Mahasamund (CG.) Appellant No. 5 to 7- D/o. Late Sundru Ram Kanwar. VERSUS ^—Jci) Khemlal Sahu, Aged about 40 years, S/o Shri Rameshar Sahu, Driver, Motor Cycle, R/o. Village Mohgaon, Post Amsena, P.S. Palari, Tahsil Balaudabazar, District Raipur (C.G.) The New India Insurance Company Limited. Through Divisional Manager, Division Office - Kachahari Chowk, Jail Road, Raipur, Tahsil & District, Raipur (C.G^.) (3)^ Ishwari Sahu, Aged about 40 years, S/o. /^_Shri Bhagola Sahu, Driver, Jeep No. C.G. 04/Z.A. 2285, R/o. Village Bhaisa, P.S. Kharora, District Raipur (C.G.) (2) ^ Miscellaneous Appeat under/section 173 Motor Vehicle Act 1988 '•^-cl-Jau^.„ ,ii>j^- gls'^ii 'iil5'*il'i<!| 'l'? ^ / <y? :-s(g?y HIGH COURT OF CHHAmSGARIlATBiLASPVR DIVISiON BENCH: HON'BLE MR. i.M.QUDDUS! & HON'BLE MR.NAWAL KiSHORE AGARWAL, JJ. M.A.No.e68/2005 ABpeUants (C!3lr"aHts) Vs (Non-App.'icants) Smt. Pawan Bai Kanwar & others Khemlal Sahu & others Mr. A.L. Singraul, Advocate for the appeiiants. Mr. C.P. Laharey, Advocate for respondent No.1 & 2. Mr. Anand Kumar Gupta, Advocate for respondent No.3. Jydament (Ora i1 (9th Saptsmber, 2010) 1. Heard. 2. This appea! under Section 173 of the Motor Vehicies Act, 1988 has been preferred by the appellants-ciaimants against the award dated 11.02.2005 passed by the learned 1s' Additional Motor Accident Claims Tribunai, Raipur (CG) (for short 'the claims tribunal') in Claim Case No.85/2003 dismissing the claim petition of the appeilant herein. 3. Facts of the case, in brief, are that the appeiiant/claimants, who are wife & chiidren of the deceased Sundru Sahu respectiveiy, have filed the claim petition before the claims tribunal seeking compensation to the tune of Rs.11,65,000/- on account of death of deceased Sundru Sahu. The appellants have stated in their application that on 10.5.2003 the deceased was going on the motorcycie* owned and driven by the non-applicant No.1/ respondent No.1 herein, as pillion rider. The non-appiicant No.1, due to his rash and negligent driving, dashed the jeep standing in Village Kanki as a result of which the deceased sustained grievous injuries and died in the hospitai durins treatment. 4. The ciaims tribunal, after considering the issues framed by it, recording the findings that the claimants faiied to prove the negiigence on the part of the non-applicant No.1 and that the deceased did not die as a result of collusion with the jeep but he died due to his fail from the motorcycieof the respondent !^j" :'-::-s\. •i"Ea^ •t:-^Sit 'nan'- i.1 as ne was under the intluence ot liquor, aismissed tne claim petition of the ciaimants. 5. We have heard learned counsel for the parties and perused the impugned award as also the record of the claims tribunal. 6. From the record, it is evident that the incident took place on 10.5.2003 and the report of the incident was lodged on 13.8.2003. Further, it is not the case of collusion with the jeep as in the evidence it has come that the deceased was in intoxicated condition and due to which he fall from the motorcycle. Therefore, we see no good ground to interfere with the impugned award passed by the ciaims tribunal. 7. Accordingly, the appeai has no substance, the same deserves to be and is hereby dismissed. 8. No order as to costs Sd/- I-M.Quddusi Judge Sd/- N.K. Agarwal !e