1 2025:CGHC:50744 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 801 of 2017 1 - Smt. Sauhadra Bai W/o Late Manohar Dhruw, Aged About 45 Years R/o Village- Datrenga, Police Station- Tikrapara, District- Raipur, Chhattisgarh., Chhattisgarh 2 - Paras Ram S/o Late Manohar Dhruw Aged About 16 Years R/o Village- Datrenga, Police Station- Tikrapara, District- Raipur, Chhattisga, District : Raipur, Chhattisgarh 3 - Ku. Pooja Dhruw, D/o Late Manohar Dhruw, Aged About 14 Years R/o Village- Datrenga, Police Station- Tikrapara, District- Raipur, Chhattisgarh, District : Raipur, Chhattisgarh ---Appellants versus Branch Manager, Ifco Tokio General Insurance Company Limited Ifco Tokio General Insurance Company Limited, Lalganga Shopping Mall, G. E. Road, Raipur,, Chhattisgarh ... Respondent(s) (Cause title taken from CIS System) For Appellants : Mr. S. P. Sahu, Advocate For Respondents : None present Hon’ble Shri Justice Amitendra Kishore Prasad Order on Board 10.10.2025 1. The appellants/claimants have filed this appeal under Section 173 of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act of 1988') against the impugned award dated 04.01.2017 passed in Claim Case No. 81/2013 passed by learned Second Additional Motor Digitally signed by AMIT PATEL 2 Accident Claims Tribunal, Raipur and claiming the total amount of compensation of Rs. 9,00,000/- from the respondents under various heads on account of death of late Manohar Dhruw, who was the husband of appellant No. 1 and father of appellant Nos. 2 and 3. 2. Briefly stated the facts of the case are that on 15.10.2008 at about 4:00 p.m. the deceased Manohar Dhruw was driving the motorcycle bearing registration No. CG-04-DC-4745, in which one Shiv Kumar Yadav was pillion rider and they were coming from Julum Road to Village- Datrenga, at that time, near Electricity Office, due to break fail, they dashed with milestone pole, laying at the bank of road, as a result of which, the deceased Manohar Dhruw and Shivkumar both sustained grievous injuries upon their body and succumbed to death on the spot. Thereafter, the matter was reported to the Police Station- Tikrapara, District- Raipur. It is submitted by the appellant that the deceased Manohar Dhruw was aged about 52 years and was earning Rs. 40,000/- per annum. 3. The respondent/insurance company filed their written statement and submitted that Rs. 50/- was taken for driver/owner and thereby covered the risk of driver and owner up to Rs. 1,00,000/-, however, since the driver of the offending motorcycle was not having a valid and effective driving license, therefore, in such breach of policy conditions, the insurance company is not liable to pay compensation to the claimants. 4. After hearing both the parties, vide impugned award dated 04.01.2017, the learned Tribunal has dismissed the claim petition, by holding that the driver of offending motorcycle namely Shivkumar Yadav was not having a valid and effective driving license on the fateful day, 3 therefore, the claimants are not entitled for any compensation. 5. Learned counsel for the appellants submits that the learned Tribunal has failed to appreciate the submission of the claimants as the driver of the offending motorcycle was possessing valid and effective driving license, but due to accident, the driving license of the deceased was misplaced. Learned Tribunal ought to have firstly fastened the liability upon the insurance company and the order of pay and recover ought to have passed. He further submits that the learned Tribunal has failed to pass any award to the claimants as a amount of compensation under various heads. 6. In view of the facts and circumstances of the case and upon careful consideration of the pleadings, evidence, and submissions of the parties that the insurance company has been rightly exonerated from the liability by the Tribunal on the ground that the driver of the motorcycle bearing registration No. CG-04-DC-4745 was not having a valid and effective driving license at the time of accident, therefore, I do not consider the present case to be a fit case to direct the insurance company to pay the amount of compensation in the first instance and to recover the same. 7. Accordingly, the appeal is hereby dismissed with no order as to costs. Sd/- (Amitendra Kishore Prasad) JUDGE AMIT PATEL