1 (MAC No. 148 of 2022) 2025:CGHC:36968 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 148 of 2022 1 - Divisional Manager The Oriental Insurance Co. Ltd., Balak Chowk, Dhamtari, Tahsil Dhamtari, District Dhamtari Chhattisgarh Through Its In-Charge, T.P.Hub, 1st Floor, Bilaspur, Civil And Revenue District Bilaspur Chhattisgarh. Pin 495001. --- Appellant(s) versus 1 - Smt. Rambai W/o Arjun Ram Sahu Aged About 42 Years R/o Barpara Hatkeshar Ward, Dhamtari, Tehsil And District Dhamtari Chhattisgarh. 2 - Arjun Ram Sahu S/o Late Dular Ram Sahu Aged About 44 Years R/o Barpara Hatkeshar Ward, Dhamtari, Tehsil And District Dhamtari Chhattisgarh. 3 - Shankar S/o Tiharu Ram Gond, Aged About 55 Years R/o Makeshwar Ward Dhamtari, Tehsil And District Dhamtari Chhattisgarh. 4 - Mohammad Junaid S/o Mohammad Ayub Aged About 26 Years R/o Telipara, Dhamtari, Tehsil And District Dhamtari Chhattisgarh. --- Respondent(s) For Appellant :- Mr. Akash Shrivastava, Advocate For Respondents :- Mr. Kunal Das, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.01 10:28:37 +0530 2 (MAC No. 148 of 2022) (for short “Act of 1988”) calling in question the legality, validity and correctness of impugned award dated 28.09.2021 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Dhamtari, District Dhamtari, Chhattisgarh, by which liability has been fastened upon the insurance company to pay the amount of compensation to the claimants. 2. Learned counsel for the appellant would submit that driver/respondent No.3 did not have the valid and effective driving license for driving the offending vehicle and there was breach of the terms and conditions of the policy, hence, the Insurance Company ought to have been exonerated from the liability to pay any compensation. 3. Learned counsel for the respondents would oppose the prayer made by learned counsel for the appellant and submit that the driver had a valid and effective driving license on the date of incident. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 5. Learned Claims Tribunal in paragraph No.20 of its judgment has categorically recorded a finding that the 3 (MAC No. 148 of 2022) driving license of the driver – Shankar Lal Dhruw was valid and effective on the date of incident as per the statement made by witness of the insurance company – Shiv Kumar Kosre (DW-01), who in his cross-examination has clearly stated that the validity of the driver’s license for driving Light Goods Vehicle was from 19.06.2015 to 18.06.2020 and the date of accident was 03.09.2018. As such, the driver had a valid and effective driving license on the date of incident and the learned Claims Tribunal has rightly fastened the liability to pay the amount of compensation upon the insurance company. 6. Accordingly, I do not find any merit in the instant appeal, it deserves to be and is accordingly, dismissed, leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!