1 2025:CGHC:13923 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1653 of 2016 1. Tejram Nishad S/o Resham Lal Nishad, Aged About 37 Years R/o Village Bellari, Tashil Basna District Mahasamund, Chhattisgarh ...........… Driver Of Vehicle No. C.G.04 DM 7758 2. Smt. Reena Agrawal W/o Shri Manoj Agrawal, Aged About 42 Years C/o Pragati Goods Transport, Bhanpuri Raipur, District Raipur, Chhattisgarh .… Owner Of Vehicle No. C.G. 04 DM 7758 ... Appellants versus 1. Sunita Nishad W/o Udechand Nishad, Aged About 40 Years R/o Village Singhanpur, Tahsil Basna District Mahasamund, Chhattisgarh ...........… Claimant 2. The New India Insurance Company Limited, Through Divisional Office 2, Jeevan Beema Marg, Vyavasayik Parisar, Pandri, District Raipur, Chhattisgarh ...........… Insurer Of Vehicle No. C.G. 04 DM 7758 ... Respondent(s) For Appellants : Mr. Balraj Gupta, Advocate, on behalf of Mr. Devershi Thakur, Advocate For Respondent No.2 : Mr. Hanuman Prasad Agrawal, Advocate Digitally signed by BHOLA NATH KHATAI Date: 2025.03.25 10:29:39 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order On Board 22/03/2025 1. This appeal under Section 173 of the Motor Vehicles Act has been preferred by the driver and the owner challenging the award dated 03.09.2016 passed by the Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Case No.612/2015. 2. The gist of claim before the Tribunal was that on 11.04.2015 at about 8:00 a.m., when claimant Sunita Nishad was going in the tractor-trolley to work, Appellant No.1 Tejram Nishad driving the offending vehicle i.e. Truck bearing Registration No. C.G. 04 DM 7758 in a rash and negligent manner, dashed the tractor-trolley from behind as a result of which, claimant Sunita Nishad suffered grievous injuries on her head, right leg, left eye and other parts of the body. She was taken to Ramkrishna Care Hospital, Raipur for treatment where she was admitted for about 6 days. Claimant Sunita Nishad preferred a claim application before the Tribunal claiming compensation of Rs.16,50,000/-. Learned Tribunal, on a close scrutiny of the evidence brought on record, awarded total compensation of Rs.1,27,979/- in favour of the claimant with interest @ 6% per annum, from the date of application till its realization. 3. While passing the impugned award, the Tribunal has exonerated the Insurance Company on the ground of breach of insurance policy conditions and fastened the liability of payment of compensation jointly or severally upon the owner and the driver, against which the present appeal has been filed by the driver and the owner. 4. Learned counsel appearing for the appellants submits that the Tribunal has erred in exonerating the Insurance Company from its liability as the vehicle was duly insured with the Insurance 3 Company. He submits that the vehicle was being operated with valid permit given by the transport authorities and the insurance policy of the vehicle was issued by the Insurance Company after duly verifying the fitness and permit of the vehicle. Therefore, prays for allowing the appeal by exonerating the owner and the driver from the liability. 5. On the other hand, learned counsel for the Insurance Company submits that at the time of accident, the offending vehicle was being operated in violation of the insurance policy terms as the vehicle did not have a valid permit certificate. Therefore, the impugned order passed by the Tribunal exonerating the Insurance company form its liability is just and proper and does not warrant any interference. 6. Heard learned counsel for the parties and perused the record. 7. A perusal of the record would show that learned Tribunal has discussed about valid permit of the offending vehicle in detail in paragraphs - 12 to 16 of the impugned order. Ramchandra Kunjam, the clerk of the RTO, Raipur has been examined by the Insurance Company who has categorically stated that as per computer records, permit for the offending vehicle was issued for the period from 27.03.2010 to 26.03.2010 and it was reissued for the period from 17.04.2015 to 16.04.2020. He has clearly stated that the permit of the offending vehicle was not effective on the date of accident i.e. 11.04.2015. Learned Tribunal, after close scrutiny of the documents brought on record regarding valid permit of the offending vehicle, has reached to the conclusion that there was clear breach of policy condition as the permit was not effective on the date of accident and therefore exonerated the Insurance Company from its liability. There is no material available on record perverse or contrary to the said finding of the Tribunal. Hence, this Court does not find any error of illegality in the conclusion arrived at 4 by the Tribunal exonerating the Insurance Company from its liability. 8. Thus, the present appeal being devoid of merit deserves to be and is accordingly dismissed affirming the impugned award passed by the learned Tribunal. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai