1 2025:CGHC:41053 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 216 of 2025 The Oriental Insurance Company Limited Branch Office - Pathalgaon, Distt. Jashpur Chhattisgarh (Insurer) ... Petitioner versus 1 - Vijay Kumar Garg S/o Shri Telu Ram Garg Aged About 48 Years Owner Of Vehicle, R/o Ward No. 05, Darrapara Pathalgaon, P.S. And Tahsil - Pathalgaon, Distt. Jashpur, Civil And Revenue District Jashpur Chhattisgarh 2 - Smt. Vivechana Pandey W/o Shri Pradeep Kumar Pandey Aged About 30 Years R/o Karbala Road, Jashpur, P.S. And Tahsil - Jashpur, Distt. Jashpur Chhattisgarh 3 - Kanhaiya Kumar S/o Shri Ram Sethi Aged About 26 Years Driver Of Vehicle, R/o Village Ludeg, P.S. And Tahsil - Pathalgaon, Distt. Jashpur Chhattisgarh ... Respondents For Petitioner : Ms. Priti Yadav, Advocate appears on behalf of Mr. Pankaj Agrawal, Advocate For Respondent No. 1 : Mr. Shrikant Kaushik, Advocate appears on behalf of Mr. Manoj Kumar Sinha, Advocate For Respondent No. 2 : Mr. Rishikant Mahobia, Advocate 2 For Respondent No. 3 : Mr. Alok Kumar Dewangan, Advocate Hon’ble Shri Justice Arvind Kumar Verma Judgment on Board 14.08.2025 1. The present review petition has been filed under Order 47 Rule 1 of Code of Civil Procedure, being aggrieved by the impugned award dated 14.10.2024 passed by this Court in MAC No. 1678/2018. 2. Challenge in this review petition is that learned Claims Tribunal has exonerated the applicant and passed an award against Respondent no. 1 and 3 jointly and severely. However, from the impugned award dated 14.10.2024 passed by this Court in MAC No. 1678/2018 it is apparent that the finding of Tribunal has not been reversed, as it was not even argued, furthermore, without disturbing the findings of the Tribunal giving consideration para of the order regarding the liability to pay compensation by applicant/petitioner is illegal and is liable to be set aside. 3. Learned counsel for the petitioner submits that direction was given to pay the amount of compensation enhanced with interest, since the Insurance company was already exonerated in the award passed by the learned Claims Tribunal vide impugned order dated 13.01.2016 whiled deciding the issue no. 3 A& B in last para/consideration part, holding that the insurance policy was not effective on the date of accident, therefore, insurance company is 3 exonerated was overlooked while passing the impugned judgment. Hence finding in the last para/consideration part of the judgment demands suitable correction. 4. Learned counsel for the respective respondents supports the submission made by the learned counsel for the petitioner and raises no objection with respect to the contention of the counsel for the petitioner. 5. I have heard learned counsel for the respective parties, perused record with utmost circumspection. 6. Bare perusal of the impugned award passed by the learned Claims Tribunal reveals that there was breach of policy condition and shifted the liability towards the driver and owner of the offending vehicle. The Insurance Company was exonerated. But in the order passed by this Court vide order dated 14.10.2024 it was directed that the enhanced amount of Rs. 25,000/- be deposited by the Insurance Company with 7% interest from the date of application till its deposit. However, from the award passed by the Tribunal, it is clear that the liability to pay the amount of compensation was upon driver and owner and this Court has not even reversed the finding of the Tribunal with regard to the exoneration of the Insurance company from satisfying any kind of liability. 7. Therefore, looking to the overall aspects of the matter and also considering the submission made by the learned counsel for the petitioner which is undisputably supported by the respective 4 respondents, this Court is of the considered view that the present review petition is liable to be and is hereby allowed. 8. Insurance company is exonerated from its liability to pay the compensation amount and subsequently owner (respondent no. 1) and driver (respondent no. 3) of the said vehicle is liable to pay the enhanced amount as awarded by this Court to the claimants in the last para of the order passed by this Court vide order dated 14.10.2024. 9. Now the considering para of the order dated 14.10.2024 passed by this Court in MAC No. 1678 of 2018 would be read as under:- “It is pertinent to mention here that the vehicle was totally damaged due to the accident therefore, this Court is of the considered opinion that the additional amount of Rs. 25,000/- would be sufficient (total of Rs. 50,000/-). The above amount of Rs. 25,000/- enhanced by this Court should be deposited by the owner (respondent no. 1) and driver (respondent no. 3) of the said vehicle with 7% interest from the date of application till its deposit. On deposit of the amount, the appellant is allowed to withdraw the same.” 10. Accordingly, the petition is allowed. Certified copy as per rules. sd/- alfiza (Arvind Kumar Verma) JUDGE