1 2025:CGHC:7250 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2414 of 2024 • Shriram General Insurance Company Ltd. Head Office, E-8 RIICOI, Industrial Area, Sitapura, Jaipur (Rajasthan) Through- Regional Manager Having Regional Office At Plot No. 1, 4th Floor, Maruti Heights, Besides Sky Auto Maruti Dealer, Mahoba Bazar, Besides R. K. Mall, G. E. Road Raipur, District Raipur, C.G. (Insurer) ... Appellant Versus 1. Dharmendra Kumar Yadav S/o Suklaal Yadav Aged About 25 Years R/o House No. 82 Beech Para Village Dokla Ward No. 05 Tehsil- Charama, District- North Bastar Kanker, Chhattisgarh (Claimant) 2. Rupendra Kumar Sahu S/o Kewal Ram Sahu Aged About 35 Years R/o House No. 140, Ward No. 06, Village Pairi, P.S. Tehsil Gunderdehi, District Balod, C.G. (Owner) 3. Vijay Kumar Padoti S/o Nirmal Kumar Padoti Aged About 52 Years R/o Village Semarkona, P.S. And District- Balod, C.G. (Driver) ... Respondents For Appellant/ Insurance Company : Mr. P.R. Patankar, Advocate For Respondents : None, though served Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 10/02/2025 1. Being aggrieved with the award dated 02.09.2024 passed in Claim Case No. 80 of 2021 by the Ist Additional Motor Accident Claims Tribunal, District North Bastar Kaker (C.G.), the Appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988. Digitally signed by RAMESH KUMAR VATTI 2 2. Facts of the case, in brief, are that on 30.12.2018 when the claimant/respondent No.1- Dharmendra Kumar Yadav was going on his Motorcycle bearing registration No. CG-19/BF/8417 to Kasawahi Market for purchasing vegetables, respondent No. 3/non-applicant No.1- Vijay Kumar Padoti, the driver of Truck bearing registration No. CG 08 B 1158, driving the said truck in a rash and negligent manner, dashed the claimant. As a result thereof, the claimant sustained grievous injuries and his right leg was fractured. The claimant remained hospitalized in Shri Balaji Hospital Mova, Raipur from 30.12.2018 to 30.01.2019. 3. The learned Tribunal, in the impugned award, has awarded a compensation of Rs.9,39,600/- in favour of the Claimant/Respondent No. 1 with interest @ 9% per annum from the date of filing of the application till realization and fastened the liability upon the Insurance Company, Driver and Owner of offending vehicle to pay compensation jointly and severally to the claimant. 4. Mr. P. R. Patankar, learned counsel appearing for the appellant/Insurance Company would argue that there was no endorsement with regard to transport vehicle on the date of the accident over the driving license of the driver i.e. respondent No. 3/non-applicant No. 1 and the same was in breach of the policy conditions. He would contend that one Shubham Yadav was examined by the Insurance Company to prove this fact. 5. Heard learned counsel for the appellant/Insurance Company. 6. A perusal of para-21 of the award passed by the learned Claims Tribunal would show that there was an endorsement of transport vehicle over the driving license and it was valid from 09.05.2017 till 3 08.05.2020, whereas the date of accident was 30.12.2018. Thus, the contention made by Mr. P. R. Patankar appears to be contrary to the record. 7. Taking into consideration the above-discussed facts, I do not find any error of law in the award passed by learned Claims Tribunal. 8. Consequently, this appeal fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge vatti