(MAC No.1274/2023) 2025:CGHC:60015 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1274 of 2023 {Arising out of award dated 3-3-2023 passed by the 3rd Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No.98/2020} The United India Insurance Company Limited, in front of Anupama Talkies, Jagdalpur, District Baster, Chhattisgarh. (Insurer) (Respondent No.3) ... Appellant versus 1. Kumari Parasmani Maurya, D/o Late Bansilal Maurya, aged about 28 years, R/o Village Matnar, P.S. Mardum, District Baster, Chhattisgarh. (Claimant) (Applicant No.1) 2. Kumari Manmati Maurya, D/o Late Bansilal Maurya, aged about 26 years, R/o Village Matnar, P.S. Mardum, District Baster, Chhattisgarh. (Claimant) (Applicant No.2) 3. Hardeep Singh @ Raju, S/o Shri Hardev Singh, aged about 43 years, R/o Gangamundapara, Jagdalpur, District Baster, Chhattisgarh. Presently residing at Village Chhapar Bhanpuri, P.S. Badanji, District Baster, Chhattisgarh. (Driver) (Non-applicant No.1) 4. Smt. Aarti Pandey, W/o Ramniwas Pandey, R/o Bazarpara, Mardum, District Baster, Chhattisgarh. (Owner) (Non-applicant No.2) ... Respondents SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.12.11 10:39:14 +0530 (MAC No.1274/2023) For Appellant : Mr. Abhishek Vinod Deshmukh, Advocate through Video Conferencing. For Respondent No.4 : Mr. Vikas A. Shrivastava, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 10/12/2025 1. The appellant Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 against the impugned award dated 3-3-2023 passed by the 3rd Additional Motor Accident Claims Tribunal, Bastar at Jagdalpur in Claim Case No.98/2020, by which while granting the application for compensation to the claimants, the liability to pay compensation of ₹ 9,13,000/- has been fastened upon the Insurance Company. 2. Mr. Abhishek Vinod Deshmukh, learned counsel appearing on behalf of the appellant herein/Insurance Company, would submit that the Claims Tribunal has clearly recorded a finding in para 20 of the award that the driver did not have valid and effective driving license to the drive the offending vehicle and also discussed the principle of pay and recover by relying upon the decision of the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and others1, but ultimately, did not apply the principle of pay and recover and therefore the award be modified accordingly. 1 (2004) 3 SCC 297 (MAC No.1274/2023) 3. Mr. Vikas A. Shrivastava, learned counsel appearing on behalf of respondent No.4 herein/Owner, would support the impugned award and oppose the appeal. 4. Taking into consideration the finding recorded by the Claims Tribunal that the driver did not have valid and effective driving license to drive the offending vehicle and that the said finding has attained finality as it has not been challenged by the other side, this Court is of the opinion that the principle of pay and recover would apply in the present case. 5. In that view of the matter, the award impugned is partly modified to the extent that the award amount will be paid firstly by the Insurance Company within a period of three months from the date of receipt of a copy of this order and thereafter, it will be recovered from the owner of the vehicle in accordance with law. 6. With the aforesaid observation and direction, the appeal stands finally disposed of without any order as to cost(s). Sd/- (Sanjay K. Agrawal) JUDGE Soma