1 MAC No. 282 of 2022 2025:CGHC:40263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 282 of 2022 1. Smt. Gopika Vishwakarma W/o Late Munna Vishwakarma, Aged About 30 Years; 2. Ku. Shubhangi Vishwakarma @ Soni, D/o Late Munna Vishwakarma, Aged About 8 Years; 3. Ku. Lokeshwari Vishwakarma, D/o Late Munna Vishwakarma, Aged About 6 Years; 4. Rishabh Vishwakarma, S/o Late Munna Vishwakarma, Aged About 4 Years; 5. Smt. Janki Vishwakarma, W/o Late Mangloo Vishwakarma, Aged About 62 Years; Appellant No.2 to 4 being minor on behalf of through their legal guardian mother appellant No.1, Smit Gopika Vishwakarma W/o Late Munna Vishwakarma All R/o Village Jouda, Police Station Gobra Nayapara, District Raipur (Chhattisgarh)..........(Applicant/claimant). ... Appellants versus 1. Ravindra Raikwar, S/o V.G. Raikwar, R/o House No. 384, Priyadarshani Nagar, Sector-6, Katora Talab, ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.18 17:36:34 +0530 2 MAC No. 282 of 2022 Raipur, District Raipur (Chhattisgarh)..........(Non- Applicant No. 1) (Registered Owner of Vehicle Hywa Truck Bearing Registration No. CG 04/LB/3007). 2. The United India Insurance Company Limited, through Divisional Manager, Divisional Office, Krishna Complex, in front of Kutchery Chowk, Raipur, District Raipur Chhattisgarh.........(Non-Applicant No. 2) (Insurer of vehicle Hywa Truck bearing registration No.CG-04/LB/3007). ... Respondents For Appellants :- Ms. Swati Rani Saraf, Advocate. For Respondent No.1 :- Mr. Sudeep Johri, Advocates. For Respondent No.2 :- Mr. Dashrath Gupta, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 11.08 .2025 1. The appellants has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) calling in question the legality, validity and correctness of the impugned award dated 06.02.2021 passed by the Additional Motor Accident Claims Tribunal, Gariyaband, Chhattisgarh (for short “Claims Tribunal”) in Claim Case No. 34/2017, by which the Claims Tribunal has awarded compensation of 3 MAC No. 282 of 2022 ₹5,75,000/- along with 7.5% interest to the claimants/dependents of deceased Munna Vishwakarma, however, exonerated the insurance Insurance Company from its liability. 2. Ms. Swati Rani Saraf, learned counsel for the appellants/claimants, would submit that the Claims Tribunal should fasten the liability upon the Insurance Company while awarding compensation. She would further submit that in light of the decision of the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and others 1 the principles of pay and recover may be applied in present case and the Insurance Company should be directed to pay the compensation amount to the claimants first and thereafter, recover the same from the owner. 3. Mr. Sudeep Johri, learned counsel for the owner/respondent No.1, would oppose the impugned award as well as prayer made by learned counsel for the appellant. 1 (2004) 3 SCC 297 4 MAC No. 282 of 2022 4. Mr. Dashrath Gupta, learned counsel for the Insurance Company, would oppose the prayer made by learned counsel for the appellant and support the decision of the Claims Tribunal. 5. I have heard learned counsel for the parties, considered their rival submissions made herein above and gone through the records with utmost circumspection. 6. The Claims Tribunal has recorded a finding that the offending vehicle was being plied without valid permit which is in breach of terms and conditions of the insurance policy. However, in light of the principles of law flowing from the decision of the Supreme Court in the matter of Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd. 2 the Insurance Company/respondent No.2 is directed to first pay the compensation amount to the claimants/appellants herein within three months from the date of receipt of copy of this order and thereafter, recovered the same from the owner of the offending vehicle/respondent No.1 herein. The amount of compensation shall carry 2 (2018) 7 SCC 558 5 MAC No. 282 of 2022 interest @ 7.5% per annum from the date of filing of claim application before the Tribunal i.e. 13.07.2017 till its realization. Rest of the conditions of the impugned award shall remain intact. 7. Accordingly, this appeal is allowed in part and the impugned award is modified to the extent as indicated herein-above. Sd/- (Sanjay K. Agrawal) Judge Ankit