(MAC No.813/2022) 2025:CGHC:53864 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 813 of 2022 {Arising out of award dated 8-4-2022 passed by the 2nd Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa in Motor Accident Claim Case No.31/2020} 1. Mathura Bai Rathore, W/o Late Shri Kanhaiya Rathore, Aged about 57 years 2. Moolchand Rathore, S/o Late Shri Kanhaiya Rathore, Aged about 33 years 3. Mukesh Rathore, S/o Late Shri Kanhaiya Rathore, Aged about 31 years All R/o Kachanda, P.S. Nagarda, Tahsil Champa, District Janjgir- Champa (C.G.) (Claimants) ... Appellants versus 1. Babita Rathore, W/o Mukesh Rathore, Aged about 26 years, R/o Kachanda, P.S. Nagarda, Tahsil Champa, District Janjgir-Champa (C.G.) 2. Division Office, United India Insurance Co. Ltd., 1st Floor, Jaiswal Building, Station Road, Korba, District Korba (C.G.) (Non-applicants) ... Respondents For Appellants : Mr. Hanuman Prasad Agrawal, Advocate. For Respondent No.1 : Mrs. Nita Choubey, Advocate. For Respondent No.2 : Mr. Dashrath Gupta, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.06 16:13:47 +0530 (MAC No.813/2022) Judgment on Board 04/11/2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellants herein/claimants seeking enhancement in the amount of compensation, challenging the impugned award dated 8-4-2022 passed by the 2nd Additional Motor Accident Claims Tribunal, Janjgir, District Janjgir-Champa in Motor Accident Claim Case No.31/2020, whereby the learned Claims Tribunal while granting compensation of ₹ 6,00,000/- for the death of deceased Kanhaiya Rathore, aged about 60 years at the time of accident, has exonerated the Insurance Company from its liability to pay compensation. The appellants herein/claimants are wife and sons of the deceased, respectively. 2. Mr. Hanuman Prasad Agrawal, learned counsel appearing on behalf of the appellants herein/claimants, would submit that in light of the decision of the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and others1, the Insurance Company is liable to pay the compensation first and then it is open to it to recover the same from the owner of the vehicle. 3. Mrs. Nita Choubey, learned counsel appearing on behalf of the registered owner of the vehicle/respondent No.1 herein, would support the impugned award and oppose the appeal. 4. Mr. Dashrath Gupta, learned counsel appearing on behalf of the Insurance Company/respondent No.2 herein, would also support the 1 (2004) 3 SCC 297 (MAC No.813/2022) impugned award and oppose the appeal and submit that the Claims Tribunal has rightly exonerated the Insurance Company from payment of compensation. 5. I have heard learned counsel for the parties and considered their rival submissions made herein-above and also gone through the record with utmost circumspection. 6. The Claims Tribunal has clearly recorded a finding that the driver of the offending vehicle did not have valid and effective driving license to drive the vehicle, therefore, in light of the decision of the Supreme Court in Swaran Singh’s case (supra), the Insurance Company is liable to first pay the amount of compensation to the claimants and thereafter recover the same from the owner of the offending vehicle. It is ordered accordingly. 7. The appeal stands partly allowed and the impugned award is modified to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) JUDGE Soma