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2025 DAILYLAW 52846 (CHH)

UNITED INDIA INSURANCE COMPANY LTD. v. AJURAM ANANT

MAC/1053/2023 · 2025-12-16

Shri Sanjay K Agrawal

body2025

Judgment text

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1 2025:CGHC:61566 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1053 of 2023 United India Insurance Company Ltd. Through Divisional Manager, United India Insurance Company Limited, Divisional Office Gurukripa Towers, First Floor, Opposite Amber Auto Mobiles, Vyapar Vihar Bilaspur, Tehsil And District- Bilaspur, C.G. (Present Address - 1st Floor, L.I.C. Building, Magarpara Road, Bilaspur, C.G. ... Appellant versus 1 - Ajuram Anant, S/o. Late Shri Ramadhin Anant, Aged About 54 Years, R/o. House No. 22, Bodri Ward No. 08, Chakarbhatha, Police Station Chakarbhatha, District Bilaspur, Chhattisgarh 2 - Mrs. Jamuna Bai, W/o. Shri Ajuram Anant, Aged About 49 Years, R/o. House No. 22, Bodri Ward No. 08, Chakarbhatha, Police Station Chakarbhatha, District Bilaspur, Chhattisgarh. 3 - Devi Prasad Anant, S/o. Ajuram Anant, Aged About 25 Years, R/o. House No. 22, Bodri Ward No. 08, Chakarbhatha, Police Station Chakarbhatha, District Bilaspur, Chhattisgarh. 4 - Deepak Anant, S/o. Ajuram Anant, Aged About 20 Years, R/o. House No. 22, Bodri Ward No. 08, Chakarbhatha, Police Station Chakarbhatha, District Bilaspur, Chhattisgarh. ......Claimants 5 - Shree Enterprises Private Ltd. Pro Anil Mundra, S/o. Shri V.G. Mundra, R/o - Third Floor, Flat No. 304, Ambe House, Tikrapara, Bilaspur, Tehsil And District Bilspur, C.G. (Owner Of Vehicle Truck Number- C.G. - 10 / A N- 5622). ASHOK SAHU Digitally signed by ASHOK SAHU Date: 2025.12.17 17:24:22 +0530 2 6 - Santosh Jaiswal S/o Jawahar Jaiswal, Aged About 45 Years, R/o - Village Dhamni, P.O.- Chakarbhatha, Thana- Chakarbhatha, District Bilaspur, Chhattisgarh (Special Power Of Attorney Holder Of Vehicle Truck No. C.G.- 10/ A N- 5622) 7 - Mohd. Hazrat Bilal S/o Tabajuddin Aged About 21 Years R/o - Village Podi, P.O. - Parso, Police Station- Chainpur, District Palamu (Jharkhand) Halmukam- Karaihapara Ward No. 14, Ratanpur, Police Station- Ratanpur, District Bilaspur, Chhattisgarh (Driver Of Vehicle Truck No. C.G.- 10/ A N- 5622) ... Respondents For Appellant : Mr. Akash Shrivastava, Advocate For Respondents No.1 to 4 : Mr. A.L.Singroul, Advocate (Single Bench) Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 17.12.2025 1. The appellant/insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of the impugned award dated 28.01.2023 passed by the learned VIII Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 560/2019, by which the claim application of the claimants has been allowed and liability has been fastened upon the insurance company to pay the amount of compensation. 3 2. The only ground raised on behalf of the appellant/ insurance company is that the driver of the offending vehicle did have a fake driving licence, therefore, the insurance company is not liable to pay the amount of compensation and, as such, the impugned award is liable to be set aside. 3. Heard learned counsel appearing for the parties and gone through the records meticulously. 4. Since the insurance company has failed to lead any evidence to prove the fact that the driver of the offending vehicle did have a fake driving licence on the date of incident, the learned Claims Tribunal has rightly fastened the liability upon the appellant/ insurance company. As such, I do not find any merit in this appeal, the same is liable to be and hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge Ashok