(MAC No.1269/2023) 2025:CGHC:55451 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1269 of 2023 {Arising out of award dated 10-4-2023 passed by the Additional Motor Accident Claims Tribunal (FTC), Rajnandgaon in Claim Case No.103/2021} The United India Insurance Company Limited, through Branch Manager, In front of United Hospital, Rajnandgaon, District Rajnandgaon, Chhattisgarh (Insurer) (Respondent No.3) ... Appellant versus 1. Smt. Devkumari, Wd/o Late Shri Dinesh Kumar Sahu, Aged about 26 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.1) 2. Kumari Mahi, D/o Late Shri Dinesh Kumar Sahu, Aged about 6 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh Since minor represented by guardian and mother Smt. Devkumari, Wd/o Late Shri Dinesh Kumar Sahu, Aged about 26 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.2) 3. Kumari Rashvi, D/o Late Shri Dinesh Kumar Sahu, Aged about 4 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh Since minor represented by guardian and mother Smt. Devkumari, Wd/o Late Shri Dinesh Kumar Sahu, Aged about 26 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.3) SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.14 15:53:18 +0530 (MAC No.1269/2023) 4. Kumari Tia, D/o Late Shri Dinesh Kumar Sahu, Aged about 7 months, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh Since minor represented by guardian and mother Smt. Devkumari, Wd/o Late Shri Dinesh Kumar Sahu, Aged about 26 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.4) 5. Smt. Sushila Bai, W/o Shri Mahesh Das Sahu, Aged about 50 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.5) 6. Roman Das Sahu, S/o Shri Mahesh Das Sahu, Aged about 35 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Claimant) (Applicant No.6) 7. Chintaram Sahu, S/o Umendi Ram Sahu, R/o Village Karamtara, P.S. Karamtara, Tehsil Dongargaon, District Rajnandgaon, Chhattisgarh (Non-applicant No.1) 8. Mahesh Das Sahu, S/o Shri Vajan Das Sahu, Aged about 57 years, R/o Village Patharri, P.S. Dongargaon, District Rajnandgaon, Chhattisgarh (Non-applicant No.2) ... Respondents For Appellants : Mr. Abhishek Vinod Deshmukh, Advocate through video conferencing and Mr. Harshmandar Rastogi, Advocate. For Respondents : None present. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 13/11/2025 1. This appeal has been preferred on behalf of the appellant herein/ Insurance Company under Section 173 of the Motor Vehicles Act, (MAC No.1269/2023) 1988 (for short, ‘the Act of 1988’), questioning legality, validity and correctness of the impugned award by which the Claims Tribunal while granting the application for compensation under Section 166 of the Act of 1988 filed on behalf of the claimants/respondents No.1 to 6 herein, has granted compensation to the extent of ₹ 21,67,812/- along with interest at the rate of 6% per annum fastening liability upon the Insurance Company to pay the amount of compensation. 2. Mr. Abhishek Vinod Deshmukh, learned counsel appearing on behalf of the appellant herein/Insurance Company through video conferencing, would submit that though the driver did not have the valid and effective driving license to drive the offending vehicle, yet the Insurance Company has been fastened liability which is liable to be set aside. He would rely upon a decision of the coordinate Bench of this Court in the matter of United India Insurance Company Limited v. Kimani Devi and others1 to buttress his submission. 3. None present for the respondents. 4. Admittedly, though the Insurance Company has taken defence that the driver did not have the valid and effective driving license to driver the vehicle and though the officer of the Insurance Company has been examined, but no officer from the RTO office has been examined to prove the fact that the driver did not have valid and effective driving license to drive the vehicle. Consequently, the Claims Tribunal has fastened liability upon the Insurance Company to pay the amount of compensation. In that view of the matter, in my 1 2020 SCC OnLine Chh 881 (MAC No.1269/2023) considered opinion, the Claims Tribunal has rightly fastened liability upon the appellant herein/Insurance Company to pay the amount of compensation and I do not find any merit in this appeal, it deserves to be and is hereby dismissed leaving the parties to bear their own cost(s). Sd/- (Sanjay K. Agrawal) Judge Soma