1 2025:CGHC:37667 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1386 of 2022 Branch Manager The New India Insurance (Correct Name Is Assurance) Company Limited, Division Office Rama Trade Center, Second Floor, Bilaspur Tahsil And (Insurer Of Vehicle Bus No. Cg. 10-A-9209), District : Bilaspur, Chhattisgarh. … Appellant versus 1 - Dashrath Lal Banjare S/o Shri Bhagirathi Banjare Aged About 48 Years R/o Village Dhandhan, Tahsil Takhatpur, (Claimant), District : Bilaspur, Chhattisgarh 2 - Radheshyam Kashyap S/o Shri Hariprasad Aged About 41 Years R/o Village Jareli, Police Station Takhatpur, (Driver Of Vehicle Bus No. C.G. 10-A-9209) (Non-Applicant No. 1), District : Bilaspur, Chhattisgarh 3 - Sanjay Singh Kshatri S/o Shri Sanat Singh Kshatri R/o Purana Sarkanda, Bilaspur, Police Station Sarkanda, (Owner Of Vehicle Bus No. C.G. 10-A-9209), District : Bilaspur, Chhattisgarh ... Respondents HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.08.02 12:47:05 +0530 2 For Appellant : Mr. Pankaj Agrawal, Advocate For Respondent No. 2 : Mr. Anil S. Pandey, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 31.07 .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 19/07/2022 passed by Learned 5th Additional Motor Accidents Claims Tribunal, Bilaspur in Claim Case No. 433/2019, whereby compensation to the tune of Rs. 1,92,000/- along with 5% interest has been awarded in favour of respondent No. 1 herein (claimant) for the injuries suffered by him and the liability of payment of compensation has been fastened upon the appellant (Insurance Company). 2. Facts of the case, in brief, is that on 11/09/2018, respondent No. 1 was travelling in a bus bearing Registration No. CG 10 A 9209 along with his relatives and was going to Takhatpur. The driver of the bus i.e. respondent No. 2 herein saw passengers on the way and stopped the bus and asked respondent No. 1 and some passengers to get out of the bus so as to make room for 3 new passengers but thereafter, when respondent No. 1 stepped on the bus, respondent No. 2 (Driver) started the bus unexpectedly due to which respondent No. 1 fell and suffered serious injuries. He was taken to Jai Ambe Hospital for treatment wherein he remained hospitalized from 12/09/2018 to 20/09/2018. 3. Learned counsel for the appellant would submit that respondent No. 2 i.e. Driver did not have valid permit and fitness certificate on the date of the accident and the offending vehicle was being plied in breach of terms and conditions of the insurance policy, therefore, the appellant (Insurance Company) would not be liable for payment of compensation and the impugned award is liable to be set aside. 4. Learned counsel for respondent No. 2 would support the impugned award and submit that the plea of invalid permit and fitness certificate has not been taken by the appellant (Insurance Company) before the Claims Tribunal and no evidence has been led in this regard, therefore, the instant appeal is liable to be dismissed. 5. I have heard learned counsel for the appellant, considered his submission and perused the record. 6. A careful perusal of the record would show that in the written statement filed by the appellant (Insurance 4 Company), it has only been stated that the Driver of the offending vehicle i.e. respondent No. 2 herein did not have valid permit and fitness certificate on the date of the accident, however, no specific plea asserting the same has been taken and no evidence has been led to prove the same, therefore, in my considered opinion, learned Claims Tribunal, after consideration of oral and documentary evidence available on record, has rightly held that on account of rash and negligent driving of respondent No. 2 herein, the accident occurred and respondent No. 1 got injured and the breach of terms and conditions of the insurance policy has not been proved and thereafter, awarded Rs. 1,92,000/- as compensation in favour of respondent No. 1/claimant and fastened the liability of payment upon the appellant (Insurance Company). I do not find any merit in this appeal warranting interference with the impugned award. 7. Accordingly, the instant appeal is liable to be and is hereby dismissed. No cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet