1 2025:CGHC:30498 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 480 of 2018 1 - Branch Manager L. And T. General Insurance Company Limited Branch Raipur, District Raipur, Chhattisgarh, Now Known As H.D.F.C. Ergo General Insurance Company Limited, Through Manager, D.M.Tower, New Paresiay, Indore (M.P.) Through Branch Office- Near Chawla Complex, Devendra Nagar Road, P.S. Devendra Nagar, Tahsil And District Raipur, Chhattisgarh (Insurer Of Vehicle Truck Registration No. Cg-07-Zc-1402), District : Raipur, Chhattisgarh ... Appellant versus 1 - Chhatri Patel S/o Bijiram Patel Aged About 40 Years R/o Village Birendranagar, Thana S./lohara, Tahsil S./lohara, District Kabirdham, Chhattisgarh, District : Kawardha (Kabirdham), Chhattisgarh 2 - Sukwaro Bai W/o Chhatri Patel Aged About 38 Years R/o Village Birendranagar, Thana S./lohara, Tahsil S./lohara, District Kabirdham, Chhattisgarh (Claimants), District : Kawardha (Kabirdham), Chhattisgarh 3 - Pyarelal Sinha S/o Aghnu Ram Sinha Aged About 58 Years R/o Village Than Khamhariya, Thana Than Khamhariya, Tahsil And District Bemetara, Chhattisgarh (Driver And Owner Of Vehicle Truck Registration No. Cg-07-Zc-1402), District : Bemetara, Chhattisgarh ... Respondents Digitally signed by GOPAL SINGH Date: 2025.07.26 18:51:16 +0530 2 For Appellant : Shri Tanmay Rai, Advocate on behalf of Shri N.K. Thakur, Advocate For Respondents No.1 and 2 : Shri Kanhaiya Yadav, Advocate on behalf of Shri Dharmesh Shrivastava, Advocate For Respondent No.3 : None for respondent No.3 though served Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 02/07/2025 1. This is an appeal by the insurance company against the award dated 31.10.2017 passed by the Motor Accidents Claims Tribunal, Kabirdham in Claim Case No.111 of 2015, whereby the Claims Tribunal has granted compensation of Rs.2,75,000/- in favour of the claimants fastening liability to satisfy the award upon respondent No.3/the driver and owner and the appellant/insurer jointly and severally. 2. Case, in short, is that on 27.2.2015 at about 10 a.m., Ku. Sangeeta (deceased) was going to school from her home and respondent No.3 drove the offending truck bearing registration No.CG 07 ZC 1402 in rash and negligent manner and dashed the deceased, as a result of which, the deceased sustained grievous injuries and she died on the spot. 3. Though the appellant/insurance company has filed this appeal challenging the liability fastened upon it, however, from perusal of issue No.4 which has been decided in paragraph 11 of the award, it is manifest that the insurance company has not produced any evidence in support of its contention that 3 the offending truck was not having requisite permit and fitness certificate. When, during the course of argument, it was specifically clarified from the learned counsel for the appellant/insurance company, he could not show any document in the shape of evidence showing that the vehicle was not having any fitness certificate and permit. In fact, the Tribunal vide order dated 25.11.2016 has closed the opportunity of the insurance company to lead evidence as despite giving opportunity the evidence was not led by the insurance company. 4. Considering the aforesaid aspect of the matter, when it has not been proved that the vehicle was not having proper fitness certificate as well as permit, the liability fastened upon the insurance company is in accordance with law. 5. Accordingly, the appeal filed by the insurer is dismissed. Sd/- (Amitendra Kishore Prasad) JUDGE Gopal Singh