1 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1660 of 2019  Royal Sundaram, General Insurance Company Limited Through Branch Manager, Near Over Birdge Vidhan Sabha Road, Mowa Pandri, Raipur, Tehsil And District - Rajnandgaon, Chhattisgarh. (Insurer), District : Rajnandgaon, Chhattisgarh ... Appellant(s) versus 1. Smt. Sheetal Vaishnav W/o Late Moteshwar Vaishnav Aged About 33 Years R/o Village Devri (Sankardahra) Police Station And Tehsil Dongargaon, District - Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 2. Kumari Bhawna Vaishnav D/o Late Moteshwar Vaishnav Aged About 14 Years R/o Village Devri (Sankardahra) Police Station And Tehsil Dongargaon, District - Rajnandgaon, Chhattisgarh. Through Her Present Her Natural Guardian Mother Smt. Sheetal Vaishnav., District : Rajnandgaon, Chhattisgarh 3. Ku. Jharokha Vaishnav D/o Late Moteshwar Vaishnav Aged About 12 Years R/o Village Devri (Sankardahra) Police Station And Tehsil Dongargaon, District - Rajnandgaon, Chhattisgarh. Through Her Present Her Natural Guardian Mother Smt. Sheetal Vaishnav., District : Rajnandgaon, Chhattisgarh 4. Smt. Rekha Bai W/o Dayaldas Vaishnav Aged About 64 Years R/o Village Devri (Sankardahra) Police Station And Tehsil Dongargaon, District - Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 5. Dayaldas Vaishnav S/o Janudas Vaishnav Aged About 70 Years R/o Village Devri (Sankardahra) Police Station And Tehsil Digitally signed by AJINKYA PANSARE Date: 2025.10.27 17:01:43 +0530 2 Dongargaon, District - Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh 6. Thakur Ram Patel S/o Bansiram Patel Aged About 55 Years R/o House No. 82, Village Konari, Ward No. 7, Police Station And Tehsil Dongargaon, District - Rajnandgaon, Chhattisgarh., District : Rajnandgaon, Chhattisgarh ... Respondent(s) For Appellant : Mr. Anupam Dubey, Advocate For Respondent No. 1 : Mr. Deepak Diwakar, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 27-10-2025 1) Appellant–Insurance Company has filed this appeal challenging the award passed by the learned Motor Accident Claims Tribunal, Rajnandgaon (C.G.) in Claim Case No. 126/2017 dated 4.4.2019 whereby Claims Tribunal has awarded a sum of Rs. 23,92,500/- in favor of claimants on account of death of Moteshwar Vaishnav and fastened 50% liability on Insurance Company and remaining 50% liability on the owner-cum-driver of the offending vehicle. 2) Learned counsel for the Insurance Company submits that on the date of accident i.e. 24.3.2017, the age of deceased was 40 years but the claimants could not prove the fact that he was earning Rs. 16,500/- per month. He further submits that respondent No. 6 i.e. owner-cum-driver of the offending vehicle [Auto Rickshaw] bearing registration No. CG-08-AC-2134 was not having valid and effective driving license on the date of accident, therefore there was no occasion for the Claims Tribunal to fasten 50% liability 3 upon the Insurance Company. He prays to set aside the award impugned. 3) On the other hand, learned counsel appearing for respondent No. 1 would oppose. He submits that Claims Tribunal has awarded just and proper compensation. 4) Heard learned counsel for the parties and perused the record with utmost circumspection. 5) Exhibit P/16 which is learner’s license of respondent No. 6 would reveal that learner’s license issued in favor of respondent No. 6 by Addl. Regional Transport Officer, Rajnandgaon was valid from 30.3.2017 to 29.9.2017, whereas the date of accident was 24.3.2017, thus it can be safely presumed that on the date of accident, owner-cum-driver of the offending vehicle was not having valid and effective license to drive the offending vehicle and same was being driven in breach of the insurance policy. 6) However, with regard to income part, Claims Tribunal has considered the notional monthly income of the deceased to be Rs. 16,500/- on the basis of oral evidence adduced by the claimants to the effect that the deceased was working as Photoframe Maker and Handpump Mechanic. Insurance Company failed to lead evidence to rebut the oral evidence adduced by the claimants, therefore Claims Tribunal rightly assessed the notional monthly income of the deceased to be Rs. 16,500/- per month, thus contention made by Mr. Dubey in this regard is rejected. 7) Now coming to the liability part. As there was no valid and 4 effective driving license in favor of respondent No. 6 i.e. owner- cum-driver of the offending vehicle on the date of accident, Claims Tribunal erred in law in fastening the liability with the Insurance Company. 8) Undisputedly, the offending vehicle was insured with the appellant–Insurance Company, therefore Insurance Company is exonerated from liability but at the same time, Insurance Company shall satisfy the award with liberty to recover the amount of compensation from respondent No. 6 in accordance with law. 9) In view of the above, this appeal stands disposed of. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a