1 2025:CGHC:41946 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 522 of 2023 Royal Sundaram General Insurance Company Ltd. Through Branch Manager, Rama Trade Center First Floor, Behind Rajeev Plaza, Old Bus Stand, Bilaspur Chhattisgarh. (Insurer Of The Offending Vehicle Tractor No. 15 CX 2237) ... Appellant versus 1 - Pandara Rajwar, S/o. Sita Ram Rajwar, Aged About 50 Years, R/o. Village Ghutaradih, Gajadharpur, Police Station And Tahsil Kusmi, District Balrampur-Ramanujganj, Chhattisgarh. 2 - Mahangi Rajwar, W/o. Pandra Rajwar, Aged About 47 Years, R/o. Village Ghutaradih, Gajadharpur, Police Station And Tahsil Kusmi, District Balrampur-Ramanujganj Chhattisgarh. 3 - Sandeep Gupta, S/o. Rajendra Prasad Gupta, Aged About 31 Years, R/o. Village Amtahi, Police Station And Tahsil Samari, District Balrampur – Ramanujganj, Chhattisgarh. (Driver & Owner Of The Offending Vehicle Tractor No. 15 C.X. 2237) ... Respondents ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.08.20 17:29:35 +0530 2 For Appellant : Mr. Anupam Dubey, Advocate For Respondents : None present. (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 19.08.2025 Heard on I.A.No.1 i.e. application for condonation of delay in filing the appeal. On due consideration and for the reasons stated in the application, I.A.No.1 is allowed. Consequently, the delay of 23 days in filing the appeal is condoned. Heard on admission. 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 01.12.2022 passed by the Second Additional Motor Accident Claims Tribunal, Balrampur-Ramanujganj in Claim Case No.55/2018, whereby an amount of compensation of Rs.11,64,000/- has been awarded to the claimants along-with interest @ 6% per annum from the date of filing of claim application. 2. Mr. Anupam Dubey, learned counsel for the appellant, would firstly submit that the liability has wrongly been 3 fastened upon the insurance company and secondly the interest could not have been awarded on the amount of future prospects, therefore, the appeal deserves to be allowed. 3. I have heard learned counsel for the appellant, considered his submission made herein-above and gone through the records minutely. 4. The learned Claims Tribunal has clearly recorded a finding that there is breach of insurance policy and therefore applying the principle to pay and recover in light of the decision of the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh & Others 1 passed the impugned award by fastening the liability upon the insurance company to pay first and thereafter recover the same from the driver & owner i.e. respondent No.3 herein. Though the submission has been made by the learned counsel for the appellant that the interest could not have been awarded on the amount of future prospects, however, in my considered opinion, the learned Claims Tribunal has rightly awarded the interest on the compensation towards the future prospects from the date of institution of the claim application. As such, I do not find any merit in this 1 (2004) 3 SCC 297 4 appeal, the same deserves to be and is accordingly dismissed at motion stage itself. Sd/- (Sanjay K. Agrawal) Ashok Judge