1 2025:CGHC:44793 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 396 of 2021 1 - The Oriental Insurance Company Limited Registered And Head Office- Asaf Ali Road, New Delhi- 110002, Through Divisional Manager, Divisional Office, Parmanand Bhawan, Malviya Nagar, Rajendra Park Chowk, Durg, Tahsil And District- Durg, Chhattisgarh ... Appellant(s) versus 1 - Awadhram Patel S/o Nandlal Patel Aged About 34 Years R/o Village- Amti( Awaspara), Post- Nikum, P.S.- Anda, Tehsil And District- Durg, Chhattisgarh 2 - Dhansingh Alias Bangali S/o Ghasiya Yadav At Kohka Old Basti, Tethwarpara, Mangal Market, Thana- Supela, Bhilai, Tehsil And District- Durg, Chhattisgarh. (Driver) 3 - Akhauri Atul Srivastava S/o Ravi Shankar Akhauri, At Road No. 2, Dixit Colony, Nehrunagar East, Bhilai, Tehsil And District- Durg, Chhattisgarh. (Owner), 4 - I.C.I.C.I Lombard General Insurance Company Limited, Registered And Head Office Veer Savarkar Marg, Near Siddhi Vinayak Mandir, Prabhadevi Mumbai- 400025, Through Branch Manager, Branch Office, Ground Floor, Vijaya Bhawan, Devendra Nagar Road, Raipur, Tehsil And District- Raipur, Chhattisgarh ... Respondent(s) 2 For Appellant (s) : Shri Akash Shrivastava and Shri Bennoon, Advocate For Respondent No.4 : Ms. Harneet Kaur, Advocate ({Hon’ble Shri Justice Sachin Singh Rajput}) Order on Board 02/09/2025 This appeal has been filed by the appellant / insurance company being aggrieved by the award dated 23/03/2021 passed in claim case No.20/2019 by the Motor Accident Claims Tribunal, Durg, CG by which an amount of Rs.50,000/- was awarded in favour of respondent No.1 / claimant on account of injuries sustained by him in an accident which occurred on 21/09/2018 by rash and negligent driving of the offending vehicle (truck) bearing registration No.CG 05 N.2993, driven by respondent No.2, owned by respondent No.3. Learned Tribunal has awarded the abovestated compensation of Rs.50,000/- and also directed that the appellant / insurance company first deposit the amount and then recover it from the driver and owner of the offending vehicle. 2. Learned counsel for the appellant submits that the finding of the learned Tribunal with regard to applying doctrine of pay and recover is bad in law and requires to be set aside. 3. Learned counsel for respondent No.4 supports the impugned award. 4. The issue No.4 was framed by the learned Tribunal whether the offending vehicle was driven in violation of the terms and conditions of the insurance policy. Learned Tribunal found that the driver of the offending vehicle was not holding valid and effective permit and license, therefore, the issue positive in favour of the appellant / insurance company. 5. The application of doctrine of pay and recover by the learned Tribunal is correct in the light of judgment of Hon’ble Supreme Court in the case of National Insurance Company Ltd. v. Swaran Singh and Ors. reported in AIR 2004 SC 1531 and National Insurance Company Ltd. v. Challa Bharathamma and ors reported in 2004 ACJ 2094. 6. The appeal has no merits and is accordingly dismissed. Sd/- ({Sachin Singh Rajput}) JUDGE Deepti DEEPTI HARIKUMAR Digitally signed by DEEPTI HARIKUMAR Date: 2025.09.10 10:42:52 +0530