1 2025:CGHC:18427 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1094 of 2019 1 - Smt. Kamin Bai Sahu W/o Shri Jhaduram Sahu Aged About 55 Years R/o House No. 117 Atal Awas Sarakhi Road Abhanpur, P.S. Abhanpur, Tahsil Abhanpur, District Raipur Chhattisgarh. ---(Claimant), ... Appellant versus 1 - Mithiles Yadu S/o Shri Devsingh Yadu Aged About 23 Years R/o Ward No. 10, Uparwara, Abhanpur P.S. Abhanpur, District Raipur Chhattisgarh. ---(Driver of the Offending Vehicle Motorcycle Bearing Registration No. C.G. 04-L.N.2517). 2 - National Insurance Company Ltd. Mobin Mahal, G.E. Road, Raipur, Tahsil And District Raipur Chhattisgarh., Through Divisional Manager ----(Insurer of the Offending Vehicle Motorcycle Bearing Registration No. C.G.04-L.N. 2517), ... Respondents For the appellant : Mr. S.P. Sahu, Advocate on behalf of Mr. A. D. Kuldeep, Advocate. For Respondent No.1 : None For respondent no.2. : Mr. Qamrul Aziz, Advocate A ANNAJEE RAO Digitally signed by A ANNAJEE RAO 2 (Hon’ble Shri Justice Sanjay Kumar Jaiswal) Judgment on Board 23/04/2025 1. This appeal under Section 173 of Motor Vehicles Act, 1988 (for short “MV Act”) has been filed challenging the award dated 16th April, 2019 passed by the learned Principle Motor Accident Claims Tribunal, Raipur, Chhattisgarh, in Claim Case No.129/2018 whereby a total compensation of Rs.59,360/- has been granted to the appellant. 2. As per the pleadings of the claim application filed under Section 166 of the MV Act, on 22.07.2017 when the appellant Kamin Bai Sahu was going on foot to the Society with her husband to get rice, on the way, at Atal Awas Sarakhi Road Abhanpur, respondent no.1 who was driving the motorcycle bearing Regn. No.CG 04-LN/-2517 in rash and negligent manner hit Kamin Bai, due to which, she sustained grievous injury and her left leg bone was fractured. She was immediately taken to the Govt. Hospital Abhanpur from where she was shifted to Makahara Hospital, Raipur for better treatment where her left leg bone was operated and a rod was inserted. The applicant was admitted in the said hospital for about 16 days from 22.07.2017 to 06.08.2017. The injured appellant filed claim application u/s 166 of MVA seeking a total compensation of Rs. 1,95,000/- on various heads for the damages caused to her. 3. The learned claims Tribunal on a close scrutiny of the evidence 3 and documents brought on record granted a total compensation of Rs.59,360/- and held that there was violation of the terms of Insurance Policy by the driver of motorcycle (respondent no.1) and accordingly fastened liability on him to pay the compensation. 4. Learned counsel for the appellant submits that because of breach of Policy terms by respondent no.1, the Tribunal has exonerated the Insurance Company, therefore, he prays that the order of pay and recover be passed in this case. 5. Learned counsel for respondent no.2 supports the award and submits that looking to the facts and circumstances of the case and the documents placed on record, the Tribunal has granted just compensation which needs no interference. 6. I have heard learned counsel for the parties, considered their rival submissions and perused the record with utmost circumspection. 7. It is clear from the evidence and documents placed on record that respondent no.2 was the insurer of offending vehicle and there was breach of terms of insurance policy as the offending vehicle was driven by respondent no.1 without holding any valid and effective driving licence. Therefore, learned counsel for the appellant prays that the Insurance Company be directed to first pay and then recover the amount from respondent no.1. 8. In National Insurance Co. Ltd. Vs. Swaran Singh (2004) 3 SCC 297, Hon’ble Supreme Court laid down that the claimants should not be allowed to suffer and run about to release the compensation awarded and that, it is in the fitness of things that the Insurance 4 Company in such cases should first pay and then recover the amount. 9. Further considering the principle reiterated by the Hon’ble Supreme Court in Amrit Paul Singh & another Vs. Tata AIG General Insurance Company Ltd (2018) 7 SCC 558 pertaining to pay and recover laid down in Swarn Singh (supra) and also taking note of the facts and circumstances of the present case, particularly the undeniable fact that at the time of accident the vehicle was insured with Insurance Company by Insurance Policy (Ex.D-1), it is directed that the Insurance Company shall first pay the amount of compensation awarded to the appellant/claimant and then recover the same from the owner/driver of the offending vehicle. 10. Accordingly, the appeal is partly allowed. 11. The records of the Tribunal be sent back along with the copy of this order. Sd/- Sanjay Kumar Jaiswal Judge Rao