1 2025:CGHC:49284 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2446 of 2024 * - Magma HDI General Insurance Company Limited Through Its Branch Manager, Present And Correct Address - Office 5th Floor, DB, City Corporate Park, Flat No. 1, Block No. 9, Rajbandha Maidan, Raipur, Chhattisgarh. --- (Insurer). ... Appellant Versus 1 - Chandrika Prasad Sahu S/o Late Babulal Sahu Aged About 33 Years Permanent R/o (Address No. 1 Village And Post Gullu, P.S. Arang, District Raipur, Chhattisgarh), At Present R/o (Address No. 2 Village Ranisagar, Post Banrasi, P.S. Arang, District - Raipur, Chhattisgarh. ---- (Claimant). 2 - Kishan S/o Late Gulab Singh (Permanent Address No. 1 - 94, Pura Banjara Kanhapura Dhimshri Agra, P.S. Nibohra, District Agra (Uttar Pradesh) (Present Address No. 2 Sai Nagar Colony, Shyamaprasad Mukherjee Ward Bhatapara, P.S. Bhatapara, District - Baloudabazar, Chhattisgarh. --- (Driver Motorcycle No. UP 80 GF 5846) 3 - Kusma Devi W/o Gulab Singh (Permanent Address No. 1 - 94, Pura Banjara Kanhapura Dhimshri Agra, P.S. Nibohra, District Agra (Uttar Pradesh) (Present Address No. 2 Sai Nagar Colony, Shyamaprasad Mukherjee Ward Bhatapara, P.S. Bhatapara, District - Baloudabazar, Chhattisgarh. (Address No. 3 Through Betal Singh Nayak S/o Bhagwan Singh Nayak, Ward No. 1, Bhatapara, P.S. Bhatapara, District Baloudabazar, Chhattisgarh. --- (Owner Motorcycle No. UP 80 GF 5846) ... Respondents For Appellant/Insurance Company : Mr. Sourabh Sharma, Advocate For Respondent No.1/Claimant : Mr. Amiyakant Tiwari, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 25/09/2025 1. This is insurer’s appeal against the award dated 11th September, 2024 passed in Claim Case No.191/2023 by the IInd Additional Motor Accidents Claims Tribunal, Raipur (C.G.). Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.25 19:17:22 +0530 2 2. Mr. Sourabh Sharma, Advocate appearing for the appellant/Insurance Company would submit that there is a stipulation of pay and recover in the award passed by the learned Claims Tribunal, but the Insurance Company has settled the matter before the National Lok Adalat from the claimant. He would contend that the appellant/Insurance Company may be permitted to withdraw this appeal and the liberty granted by the learned Claims Tribunal with regard to recover the amount from the driver and owner may be kept intact. 3. No objection from other side. 4. Recording the submission made by Mr. Sourabh Sharma, Advocate, this appeal is disposed of reserving liberty in favour of the Insurance Company to recover the amount from the driver and owner of the offending vehicle pursuant to award passed by the learned Claims Tribunal. Sd/- (Rakesh Mohan Pandey) Judge vatti