1 2025:CGHC:37012 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 780 of 2022 Branch Manager , The United India Insurance Company Ltd. Bramh Road, Near Kumkum Hotel, Ambikapur, District Surguja, Chhattisgarh. Through In Charge, T.P. Hub, United India Insurance Co. Ltd., 1st Floor, Lic Building, Magarpara Road, Bilaspur Chhattisgarh. … Appellant versus 1 - Jitendra Kumar Pandey S/o Shri Mahendra Pandey Aged About 50 Years Resident Of Gandhinagar, Soni Mohalla, Police Station Gandhinagar, Tehsil Ambikapur, District Surguja Chhattisgarh. 2 - Kundan Kumar Pandey S/o Shri Jitendra Kumar Pandey Aged About 38 Years Resident Of Gandhinagar, Soni Mohalla, Police Station Gandhinagar, Tehsil Ambikapur, District Surguja Chhattisgarh. 3 - Chandan Kumar Pandey S/o Shri Jitendra Kumar Pandey Aged About 26 Years Resident Of Gandhinagar, HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.07 12:03:16 +0530 2 Soni Mohalla, Police Station Gandhinagar, Tehsil Ambikapur, District Surguja Chhattisgarh. 4 - Deepak Kumar Pandey S/o Shri Jitendra Kumar Pandey Aged About 24 Years Resident Of Gandhinagar, Soni Mohalla, Police Station Gandhinagar, Tehsil Ambikapur, District Surguja Chhattisgarh. 5 - Abhishek Kumar Singh S/o Shri Santosh Singh Aged About 18 Years R/o Godhanpur, Near Primary School, Police Station Gandhinagar, District Surguja Chhattisgarh. (Driver), District : Surguja (Ambikapur), ChhattisgarH 6 - Santosh Kumar Singh S/o Late Shri Prabhunath Singh Aged About 53 Years R/o Godhanpur , Near Primary School, Police Station Gandhinagar, District Surguja Chhattisgarh. 7 - Smt. Gyanti Singh W/o Niwas Singh Aged About 58 Years R/o Godhanpur , Near Primary School , Police Station Gandhinagar, District Surguja Chhattisgarh . (Owner) 8 - Surajan @ Chhotu Thakur S/o Shri Sajjan Thakur Aged About 27 Years R/o Bhagwanpur, Police Station Ghandhinagar, District Surguja Chhattisgarh. ... Respondents For Appellant : Mr. Akash Shrivastava, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 3 29.07 .2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) has been preferred by the appellant (Insurance Company) challenging the impugned award dated 05/04/2022 passed by Learned 5th Additional Motor Accidents Claims Tribunal, Ambikapur in Claim Case No. 253/2018, whereby compensation to the tune of Rs. 9,92,500/- has been awarded in favour of respondents No. 1 to 4 herein (claimants) for the death of Sudha Pandey, aged about 49 years and the liability of payment of the said compensation has been fastened upon the appellant (Insurance Company). 2. Facts of the case, in brief, is that on 03/09/2018 at about 06:30 PM, deceased Sudha Pandey was returning from city to Gandhinagar and when she reached in front of Civil Court, respondent No. 5 herein, who was driving his car bearing Registration No. CG 13/C-0451 in a rash and negligent manner, ran over her and caused the accident due to which she suffered grievous injuries and was taken to District Hospital, Ambikapur wherein during the course of the treatment, she died on 04/09/2018. 3. Learned counsel for the appellant would submit that respondent No. 5, who is said to have caused the accident by the offending vehicle, is a minor and he did not have 4 valid driving license on the date of the accident, therefore, the offending vehicle was being plied in breach of terms and conditions of the Insurance policy, as such, the impugned award is liable to be dismissed. 4. I have heard learned counsel for the appellant, considered his submission and perused the record. 5. Learned Claims Tribunal, after consideration of oral and documentary evidence available on record, has clearly recorded the finding that respondent No. 5 herein was a minor on the date of the accident and since he did not have a driving license, the offending vehicle was being driven by him in breach of terms and conditions of the insurance policy, however, the Tribunal proceeded to hold that in order to serve justice to the claimants, the appellant (Insurance Company) will pay the compensation amount to the claimants and thereafter, recover it from the driver and owner of the offending vehicle i.e. respondents No. 5 and 7 herein in view of the provisions contained under the Act of 1988 relying upon the decision rendered by the Supreme Court in the matter of National Insurance Company Limited v. Swarn Singh and Others1, which in my considered opinion is a correct finding of fact and is absolutely in accordance with law. As such, I do not find 1 2004 (3) SCC 297 5 any ground to interfere with the impugned award passed by the learned Tribunal. 6. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet