1 2025:CGHC:44786 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 176 of 2020 1 - National Insurance Company Limited Through Manager National Insurance Company Limited, Near Coffee House, G.E. Road Raipur, District Raipur, Chhattisgarh ... Appellant(s) versus 1 - Smt. Leela Dhiwar W/o Late Prahalad Dhiwar Aged About 26 Years R/o Village Dhamni, Post Office Ganod Thana Mandir Hasod, District Raipur, Chhattisgarh ... Respondent(s) For Appellant (s) : Shri Shashank Agrawal, Advocate For Respondent(s) : None. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 02/09/2025 This appeal has been filed by the insurance company challenging the award dated 03/09/2019 passed by the 3rd Additional Motor Accident Claims Tribunal, Raipur, CG in claim case No.137/2018. By the impugned award, Rs.1 lakh has been awarded by the learned Claims Tribunal under the contract liability to the respondent / claimant on account of death of her husband who died in an accident on 17/03/2017 driving his own motor cycle bearing registration No.CG 2 04 LK/2998. 2. Learned Tribunal found that the insurance company has charged Rs.50/- for personal accident coverage of the owner/driver i.e. the deceased and therefore, Rs.1 lakh was awarded as compensation. 3. Learned counsel for the appellant submits that even if there is a contractual liability of personal accident coverage of the deceased, that coverage was subject to certain conditions as the deceased ought to have possessed of driving license. 4. None for the respondent. 5. No witness was examined by the insurance company. It is well settled that if the insurance company takes a plea of breach of policy, it should be proved by cogent evidence. The appeal has not merit and is accordingly dismissed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.11 13:24:12 +0530