The United India Insurance Co Ltd v. Ramshankar Sahu And Others

HIGH COURT OF CHHATTISGARH, BILASPUR Order Sheet MAC No. 737 of 2010 The United India Insurance Co. Ltd. through Branch Manager, Branch office, In front of Gopi Talkies, College Road, Raigarh, Tehsil and District Raigarh (CG). ---- Appellant

Versus

1. Ramshankar Sahu son of Kanhaiya Lal sahu, aged 33 years, resident of village Raikera, PS and Tehsil Gharghoda, District Raigarh.

2. Navgeeta Sahu S/o Kanhaiya Lal Sahu, aged 25 years, R/o Village Raikera, P.S. & Tahsil Gharghoda, Distt.-Raigarh, C.G.

3. Mst.Ganpati Bai W/o Late Machinder Yadav, aged 30 years.

4. Sankirtan Yadav S/o Late Machinder Yadav, aged 3 years Minor Through Her Natural Guardian, Mother Mst.Ganpati Bai,

5. Motiram Yadav S/o Lt. Jogiram Yadav All Respondents No. 3 To 5 are R/o Village Dongripara, Raikera, P.S. & Tahsil Gharghoda, Distt.-Raigarh, C.G.

---- Respondents 13/09/2017 Shri HB Agrawal, Sr. Advocate along with Smt. Prabha Sharma, Advocate for the appellant.

Shri MK Sinha, Advocate for respondents No.1&2. Considering the nature of the award dated 24.02.2010 passed in Claim Case No.26/2008, whereby the Tribunal has justifiably reached to the conclusion that though the claim application was not maintainable under Section 166 of the Motor Vehicles Act, but has invoked the provisions of Section 140 of the Motor Vehicles Act and has awarded a compensation of Rs.50,000/- to the claimants, this court is of the opinion that no substantial ground is available to the appellant to challenge the same. The appeal thus, being devoid of merit is liable to be and is hereby dismissed.

Sd/- (P. Sam Koshy) Judge Inder