1 2025:CGHC:54870 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 504 of 2023 The New India Assurance Company Limited By Branch Manager, The New India Assurance Company Limited, Civil Line Balodabazar Tehsil Balodabazar District Balodabazar Chhattisgarh. Through Authorized Signatory Manager, T. P. Claim Hub Office, 2nd Floor Rama Trade Center, Opposite Rajiv Plaza, Old Bus Stand Road Bilaspur, District : Bilaspur, Chhattisgarh........N.A.No.3 --- Appellant versus 1 - Asharam Sahu, S/o. Jhadiram Sahu, Aged About 52 Years, R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh 2 - Smt. Kuntibai Sahu, W/o. Asharam Sahu, Aged About 49 Years, R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh 3 - Gopal Sahu, S/o. Asharam Sahu, Aged About 23 Years, R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.11.12 16:16:28 +0530 2 4 - Ku. Madhu Sahu, D/o. Asharam Sahu, Aged About 21 Years, R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh 5 - Ku. Jyotirani Sahu, D/o. Asharam Sahu, Aged About 19 Years, R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh 6 - Minor Ku. Neha Sahu, D/o. Asharam Sahu, Aged About 15 Years, Minor Through Natural Gurdian Father Asharam Sahu (Res. No.1) R/o. Ram Mandir Chowk Ward No. 09, Village Rohara, Police Station Bhatapara Gramin, District : Balodabazar-Bhathapara, Chhattisgarh ……...Claimants 7 - Ravindra Kumar Kaushal Alias Ravi, S/o. Chandrabhushan Kaushal, Aged About 22 Years, R/o. New Anand Nagar, Near Sendhwar Talab Bhanpuri, Raipur, Police Station Bhanpuri Raipur, District : Raipur, Chhattisgarh ........Driver (N. A.-1). 8 - Sarwagya Kumar Verma, S/o. Kriparam Verma, Aged About 25 Years, R/o. New Anand Nagar, Near Sendhwar Talab Bhanpuri, Raipur, Police Station Bhanpuri Raipur, District : Raipur, Chhattisgarh.........Owner (N. A.-2) --- Respondents For Appellant : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N.Nande, Advocate For Respondents No.1 to 6 : Mr. Basant Kaiwartya, Advocate For Respondent No.8 : Mr. Purnendra Khichariya, Advocate on behalf of Mr. Praveen K. Dhurandhar, Advocate 3 MAC No. 565 of 2023 The New India Assurance Company Limited (Wrongly Mentioned Insurance) By Branch Manager, The New India Insurance Company Limited, Civil Line Balodabazar, Tehsil Balodabazar, District Balodabazar Bhatapara, Chhattisgarh, Through Authorized Signatory Manager, T.P. Claims Hub Office, 2nd Floor Rama Trade Center, Opposite Rajiv Plaza, Old Bus Stand Road, Bilaspur, Chhattisgarh ---Appellant Versus 1 - Khemram Alias Khemraj Sahu, S/o. Ramkaran Sahu, Aged About 22 Years, R/o. Village Rohra, P.S. Bhatapara Rural, Presently Residing At Village Damkheda, P.S. Simga, District Balodabazar Bhatapara, Chhattisgarh 2 - Ravindra Kumar Koushal Alias Ravi, S/o. Chandrabhushan Kaushal, Aged About 22 Years, R/o. New Anand Nagar Near Sendhvar Pond Bhanpuri Raipur, P.S. Bhanpuri Raipur, District Raipur, Chhattisgarh (Driver Of The Offending Vehicle C G 04 L Y 9395) 3 - Sarvagya Kumar Verma, S/o. Kriparam Verma, Aged About 25 Years, R/o. New Anand Nagar Near Sendhvar Pond Bhanpuri Raipur, P.S. Bhanpuri Raipur, District Raipur, Chhattisgarh (Owner Of The Offending Vehicle C G 04 L Y 9395) --- Respondents For Appellant : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N.Nande, Advocate For Respondent No.1 : Mr. Basant Kaiwartya, Advocate 4 For Respondent No.3 : Mr. Purnendra Khichariya, Advocate on behalf of Mr. Praveen K. Dhurandhar, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 11.11.2025 1. Since common question of law involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common order. 2. The appellant/insurance company has preferred both the appeals under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 29.10.2022 passed by the learned Additional Motor Accident Claims Tribunal, Bhatapara, District Balodabazar-Bhatapara, in Claim Case No. 34/2018 & Claim Case No.H-36/2018 by which the claim applications of the claimants have been allowed and liability to pay the amount of compensation has been fastened upon the appellant/ insurance company. 3. Mr. Abhishek Mishra, learned counsel appearing for the appellant/ insurance company, in both the appeals would submit that the vehicle was being plied in breach of terms of the 5 insurance policy and the driver of the vehicle namely Ravindra Kumar Kaushal did not have valid and effective driving licence to drive the offending vehicle, therefore, the appellant/ insurance company ought to have been exonerated from its liability to pay the compensation and both the appeals deserve to be allowed. 4. Mr. Basant Kaiwartya & Mr. Purnendra Khichariya, learned counsel appearing for the claimants and owner of the offending vehicle would support the impugned award and submit that no evidence has been led by the appellant/ insurance company to prove the said fact, therefore, the insurance company has rightly been fastened upon the liability to pay the amount of compensation and, as such, both the appeals of the insurance company are liable to be dismissed. 5. I have heard learned counsel appearing for the parties, considered their rival submissions made herein-above and gone through the records minutely. 6. Learned Claims Tribunal has clearly recorded a finding that the insurance company has not led any evidence to demonstrate that the driver of the offending vehicle did not have a valid and effective driving licence to drive the offending vehicle. In that 6 view of the matter, since the appellant/insurance company has not led any evidence when driver of the offending vehicle Ravindra Kumar Kaushal has been examined and filed the copy of driving licence, I do not find any merit in both the appeals preferred by the insurance company. Accordingly, both the appeals deserve to be and are hereby dismissed. Sd/- (Sanjay K. Agrawal) Ashok Judge