-1- IN THE HIGH COURT OF JHARKHAND AT RANCHI M.A. No. 25 of 2020 1. Jubrail Ansari, aged about 29 years, S/o Haider Ali, driver of Bajaj Discover motorcycle No. JH- 14-B-4662, resident of Village-Tusrai, P.O.-Zarhi, P.S.-Dandai, District-Garhwa. 2. Iftekhar Ahamad Khan, S/o Sirajuddin Khan, aged about 51 years, resident of village-Uchari, P.O. and P.S.-Garhwa, District-Garhwa. ..... … Appellants Versus 1. Sahodari Devi wife of late Kaltu Mistri 2. Mahendra Nath Sharma, son of late Kaltu Mistri 3. Gajendra Nath Sharma, son of late kaltu Mistri. All are resident of Village-Mahuganwa, P.O. and P.S.-Chainpur, District Palamau. ..... … Respondents -------- CORAM : HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI ------ For the Appellants : Mr. Sandeep Verma, Advocate. ------ 06/ 08.01.2025 Heard learned counsel appearing for the appellants. 2. This appeal is preferred being aggrieved and dissatisfied with the award dated 29.11.2019, passed by the learned District Judge- III-cum-M.A.C.T.-III, Palamau at Daltonganj, in M.V. Claim Case No. 06 of 2016. 3. Learned counsel appearing for the appellants submits that the appellants are the owners and driver of the offending vehicle in question. He submits that the liability was required to be fastened upon the insurance company, however, it was wrongly fastened upon the owner of the offending vehicle. On these grounds, he submits that the said award may kindly be set aside. 4. The court has looked into the award dated 29.11.2019, passed in M.V. Claim Case No. 06 of 2016 and finds that in para-18 of the said award, the learned Tribunal has been pleased to deal with the issue, what has been argued by the learned counsel appearing for the appellants and the learned tribunal has found that no document with regard to insurance of the vehicle in question was produced, and further the accident took place in private place and also no evidence has been led on that point to prove that fact by the appellant Nos. 1 and 2, who are the owner and driver of the offending vehicle respectively. In view of that the learned Tribunal has directed the owner of the offending -2- vehicle to pay the entire compensation amount along with interest @ 6% per annum from the date of filing of the compensation application, as the offending vehicle was not insured, so the onus lies upon the owner of the offending vehicle to pay the awarded compensation. 5. In view of the above, no case of interference is made out, as such, this petition is dismissed. 6. The statutory amount, deposited by the appellants shall be transmitted back to the learned Tribunal, which will be utilized in complying the award. (Sanjay Kumar Dwivedi, J.) Amitesh/-