Page No.1 of 4 IN MAC-839-2023 2025:CGHC:46562 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 839 of 2023 [Arising out of award dt. 24.03.2023, passed in Claim Case No.896 of 2019 (Smt. Charu Rana (since dead) and others v. Kush Tahidi and others) by the 7th Addl. Motor Accident Claims Tribunal, Raipur (CG)] National Insurance Company Limited Near Tahsil Office, G.E. Road, Raipur, District Raipur (C.G.) (Insurer Of Vehicle Bearing Registration No. Od-03, C-0876) ... Appellant Versus 1 - Jaiman Rana S/o Shri Ramchandra Rana Aged About 39 Years R/o Pendrawan, Napada, Komna, District Napada (Odisha), At Present Resident At Nearby Harsh Pride, Mova, Raipur, District Raipur (C.G.) 2 - Subrat Rana S/o Shri Ramchandra Rana Aged About 33 Years R/o Pendrawan, Napada, Komna, District Napada (Odisha), At Present Resident At Nearby Harsh Pride, Mova, Raipur, District Raipur (C.G.) 3 - Swayambar Rana S/o Shri Ramchandra Rana Aged About 30 Years R/o Pendrawan, Napada, Komna, District Napada (Odisha), At Present Resident At Nearby Harsh Pride, Mova, Raipur, District Raipur (C.G.) 4 - Kush Tahidi S/o Shri Mahto Tahidi, Resident Of Village Basna, District Raipur (C.G.) (Driver) 5 - Kishan Lal Agrawal Through K.L. Infra Project, Resident Of Balangir, District Balangir (Odisha) (Owner) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Anil Gulati, Advocate For Respondent No.1-3 : Mr. Palash Agrawal, Advocate ------------------------------------------------------------------------------------------------ SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-839-2023 Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 11.09.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant- Insurance Company challenging the impugned award dt. 24.03.2023, passed in Claim Case No.896 of 2019 (Smt. Charu Rana (since dead) and others v. Kush Tahidi and others) by the 7th Addl. Motor Accident Claims Tribunal, Raipur (CG) [for short the “AMACT”], whereby the learned AMACT has awarded a total sum of Rs.16,47,705/- as compensation to the claimants by fastening the liability to pay the same upon the appellant- Insurance Company. 2. Learned counsel appearing for the appellant would make sole submission that on the date of accident the driver of the offending vehicle was not having valid and effective driving license and, therefore, the appellant-Insurance Company has wrongly been held liable to pay the compensation amount to the claimants. As such, the impugned award is liable to be set aside. 3. On the other hand, learned counsel appearing for the respondent would support the impugned award and prays for dismissal of the appeal. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. Page No.3 of 4 IN MAC-839-2023 5. It is the case of the appellant- Insurance Company that the driver of the offending vehicle bearing No.OD-03-C-0876 was not having valid and effective driving license to ply the same on the date of accident. However, the said driving license (being No. CG04/2001/0011457) was subjected to verification by Mohd. Ibrahim, the Investigator appointed by the appellant-Insurance Company, who submitted its report Ex.D/05, whereby it is mentioned that the said driving license has not been issued by the RTO, Raipur. Further, the appellant- Insurance Company has also examined Smt. Jaima Uvais, the Officer In-charge/Assistant Grade-II of the Regional Transport Office (RTO), Raipur, to demonstrate and prove the fact that the license in question has not been issued by the office of RTO, Raipur. Though in Para-02 of her statement, she has stated that according to the records, the said driving license (being No. CG04/2001/0011457) has not been found issued from the office of RTO, Raipur, but in the same breath in Para-05 of her cross- examination, she has taken u-turn and clearly stated that on the application made by the respondent No.04 herein- Kush Tahidi (driver of the offending vehicle), the driving license (being No. CG04/2001/0011457) was issued by the office of RTO, Raipur and all the proceedings with regard to issuance of the said driving license has been initiated by the office of RTO, Raipur. Infact, the records relating to issuance of the said driving license must be kept in the office of RTO, Raipur, but she has not brought the same alongwith Page No.4 of 4 IN MAC-839-2023 her. Yet, the appellant- Insurance Company has not made any efforts to call for the said records or re-examine the said witness, namely, Smt. Jaima Uvais qua issuance of driving license in question by the office of RTO, Raipur. 6. In that view of the matter, learned AMACT has rightly held that the appellant- Insurance Company miserably failed to demonstrate/prove that the said driving license (being No. CG04/2001/0011457) was not issued in favaour of the driver respondent No.04 herein by the RTO, Raipur vis-a-vis absolutely justified in holding that the appellant- Insurance Company failed to establish that on the date of accident the driver of the offending vehicle was not having valid and effective driving license to ply the same and, therefore, rightly fastened the liability to pay compensation to the claimants upon the appellant- Insurance company. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned AMACT, as the finding recorded by the learned AMACT, in the considered opinion of this Court, is correct findings of fact based on evidence and same is neither perverse nor contrary to the record. 7. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. sd/- (Sanjay K. Agrawal) Judge s@if