1 (MAC No. 1301 of 2022) 2025:CGHC:41542 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1301 of 2022 1 - Tata A.I.G. General Insurance Company Limited Through Its Legal Manager, Present Address- Office No. 403, 4th Floor, Db City Corporate Park, Flat No. 1, Block No.9, Rajbandha Maidan, Raipur, Chhattisgarh.....................(Insurer) --- Appellant(s) versus 1 - Ramgopal Verma S/o Late Rauda Verma Aged About 45 Years R/o Village Dhaura, Jamul, Police Station Jamul, District- Durg, Chhattisgarh. 2 - Smt. Chitrekha Verma W/o Shri Ramgopal Verma Aged About 42 Years R/o Village Dhaura, Jamul, Police Station Jamul, District- Durg, Chhattisgarh....................(Claimants) 3 - Govardhan Dhiver Aged About 45 Years R/o Village Dhaura, Jamul, Police Station Jamul, District- Durg, Chhattisgarh.................(Driver) --- Respondent(s) (Cause-title taken from the Case Information System) For Appellant :- Ms. Harneet Kaur, Advocate on behalf of Mr. Sourabh Sharma, Advocate For Respondent Nos.1 & 2 :- Ms. Prachi Singh, Advocate ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.20 10:58:02 +0530 2 (MAC No. 1301 of 2022) SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 18.08.2025 1. The appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) calling in question the legality, validity and correctness of impugned award dated 28.07.2022 (Annexure A/1) passed by learned VI Additional Motor Accident Claims Tribunal, Durg, District Durg, Chhattisgarh, by which the claim application of the claimants has been allowed and the liability has been fastened upon the insurance company to pay the amount of compensation to the tune of Rs.11,25,875/- along with 9% interest per annum from the date of institution of claim application till actual realization of the amount. 2. Learned counsel for the appellant would submit that the offending vehicle was being plied in breach of terms and conditions of the insurance policy, hence, the insurance company be exonerated from the liability to pay the amount of compensation. 3. Learned counsel for the claimants would support the impugned award. 3 (MAC No. 1301 of 2022) 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and gone through the records with utmost circumspection. 5. Learned Claims Tribunal in para 22 of the impugned award has categorically recorded a finding that the appellant-insurance company has not led any evidence to demonstrate that the offending vehicle was being driven in violation of terms and conditions of the insurance policy on the date of incident and thereby, proceeded to fasten liability upon the insurance company to pay the amount of compensation awarded to the claimants. The said finding recorded by the Claims Tribunal, in my considered opinion, is a correct finding of facts based on the materials available on record and the same is neither perverse nor contrary to the record. Therefore, I do not find any good ground to entertain the instant appeal. 6. Accordingly, this appeal deserves to be and is hereby dismissed, leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!