1 2025:CGHC:54129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 899 of 2023 The Oriental Insurance Co. Ltd. Through- Divisional Manager, Divisional Office, 2nd Floor, Chawla Complex, Sainagar, Devendra Nagar Road, Raipur, City And District- Raipur Chhattisgarh ... Appellant versus 1 - Smt. Meera Sinha W/o Late Himmatlal Sinha Aged About 38 Years R/o Mahalpara, Pithoura, P.S. Pithoura, District Mahasamund Chhattisgarh, Present Address Shankar Nagar,city And District Raipur Chhattisgarh 2 - Ku. Rukhmani Sinha D/o Late Himmatlal Sinha Aged About 17 Years Through R-1 Mother Being Natural Gaurdiun, R/o Mahalpara, Pithoura, P.S. Pithoura, District Mahasamund Chhattisgarh, Present Address Shankar Nagar,city And District Raipur Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.07 11:25:45 +0530 2 3 - Ku. Navya Sinha D/o Late Himmatlal Sinha Aged About 14 Years Through R-1 Mother Being Natural Gaurdiun, R/o Mahalpara, Pithoura, P.S. Pithoura, District Mahasamund Chhattisgarh, Present Address Shankar Nagar,city And District Raipur Chhattisgarh 4 - Rudra Sinha S/o Deendayal Sinha @ Heera Singh, Aged About 50 Years R/o Mahalpara, Pithoura, P.S. Pithoura, District Mahasamund Chhattisgarh, 5 - Avadhram Sinha S/o Deendayal Sinha Aged About 45 Years R/o Mahalpara, Pithoura, P.S. Pithoura, District Mahasamund Chhattisgarh, ... Respondent(s) For Appellant : Mr. Raj Awasthi, Advocate For Respondents No. 1 to 3 : Ms. Prachi Singh, Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 06.11.2025 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 24/01/2023 passed by learned Motor Accident Claims Tribunal, Raipur in Claim Case No. 546/2020, whereby learned Claims Tribunal has awarded a 3 total sum of Rs. 11,28,400/- as compensation to the claimants for the deaths of Kishan Singh and Omprakash Sinha and the liability of payment of compensation has been fastened upon the Insurance Company. 2. Learned counsel for the appellant/Insurance Company, would submit that three persons were riding in the motorcycle bearing Registration No. CG 06 GN 8865 out of which, two persons died in the accident, as such, there was contributory negligence on the part of the deceased persons. He would further submit that though the owner of the motorcycle has been examined but he has not produced valid driving license, therefore, the Insurance Company ought to be exonerated from the liability of payment of compensation. 3. Learned counsel for respondents No. 1 to 3 would support the impugned award and submit that the compensation awarded by learned Claims Tribunal is just and proper and does not warrant any interference by this Court. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. True it is that three persons were riding in the motorcycle bearing Registration No. CG 06 GN 8865 at the time of the 4 accident, but that would not amount to contributory negligence and at the best, it would be commission of offence under the provisions of the Act of 1988, therefore, this plea taken by learned counsel for the appellant is hereby rejected. Furthermore, non-production of driving license by the owner of the offending motorcycle would not exonerate the Insurance Company from the liability of payment of compensation, as the Claims Tribunal has clearly recorded a finding that the Insurance Company has failed to prove that the said motorcycle was being plied in breach of terms and conditions of the Insurance policy, as such, I do not find any merit in this appeal warranting interference in the impugned award. 6. Accordingly, this appeal, being devoid of merits, is liable to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Harneet