1 (MAC No. 1269 of 2022) 2025:CGHC:41122 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1269 of 2022 1 - Magma H.D.I. General Insurance Company Limited Through Branch Manager, Branch Office Kirti Complex, Rajendra Nagar Chowk, Link Road, Bilaspur, Tahsil And District Bilaspur (C.G.) --- Appellant(s) versus 1 - Basant S/o Noharu Aged About 56 Years Caste Lohar, R/o Village Kaskela, Thana Bhatgaon, Tehsil Bhaiyathan, District Surajpur, Chhattisgarh 2 - Shyam Kumar Manikpuri @ Gudda S/o Jujeshwar Manikpuri Aged About 36 Years R/o House No. 215, Junapara, Village Dhartipara, Post Chungadi, Police Chowki Karangi, Thana Bishrampur, Tehsil And District Surajpur, Chhattisgarh. --- 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 No.2 :- Mr. Gyan Prakash Shukla, Advocate SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 14.08.2025 1. The appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.19 11:29:54 +0530 2 (MAC No. 1269 of 2022) (for short “Act of 1988”) calling in question the legality, validity and correctness of impugned award dated 28.06.2022 (Annexure A/1) passed by learned Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh, by which the claim application of the claimants has been allowed and the liability to pay the amount of compensation to the tune of Rs.7,47,600/- along with 6% interest rate from the date of claim application has been fastened upon the insurance company. 2. Ms. Harneet Kaur, learned counsel for the appellant would submit that learned Claims Tribunal is absolutely unjustified in fastening the liability to pay the amount of compensation upon the insurance company despite the fact that the offending vehicle was being plied without having valid and effective permit to drive the offending vehicle, which is in violation of the terms and conditions of the insurance policy and therefore, the insurance company be exonerated from the liability to pay the amount of compensation. 3. Learned counsel for respondent No.2 would support the impugned award. 3 (MAC No. 1269 of 2022) 4. I have heard learned counsel for the parties considered their rival submissions made herein above and gone through the material available on records with utmost circumspection. 5. The appellant-insurance company at para 17 of its written statement has taken a plea that on the date of incident the offending vehicle was being plied without having a valid permit, which is in breach of terms and conditions of the insurance policy. In order to prove the said plea, Mangesh Kumar Soni, Assistant Accounts Officer, District Transport Office, Surajpur has been examined on behalf of the insurance company, in which he has admitted that the offending vehicle is a three wheeler passenger auto and no permit is issued to three wheeler auto by the District Transport Office and it can be plied till the validity date of its fitness. Further, he has also admitted in his cross-examination that on the date of accident, the offending vehicle was having all the valid documents. The learned Claims Tribunal after appreciating the oral and documentary evidence on record has clearly held that the insurance company has failed to establish that the offending vehicle was being plied in breach of terms and conditions of the insurance policy 4 (MAC No. 1269 of 2022) and proceeded to fasten the liability to pay the amount of compensation upon the insurance company, which 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!