Page No.1 of 4 IN MAC-2078-2023 2025:CGHC:61276 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2078 of 2023 [Arising out of award dt. 31.07.2023, passed in Claim Case No.29/2021 (Ramdas and another v. Parakh Verma and others) by the Motor Accident Claims Tribunal, Rajnandgaon (CG)] Branch Manager The New India Insurance Company Limited Branch Office, District : Rajnandgaon, Chhattisgarh ... Appellant Versus 1 - Ramdas S/o Shri Jeevandas Aged About 44 Years R/o Village, Kallutola, Thana Chhuriya, District- Rajnandgaon, Chhattisgarh. 2 - Smt. Rohini W/o Shri Ramdas Aged About 40 Years R/o Village, Kallutola, Thana Chhuriya, District- Rajnandgaon, Chhattisgarh. 3 - Parakh Verma S/o Shri Rajkumar Verma Aged About 23 Years R/o Village Basula, District- Rajnandgaon, Chhattisgarh. 4 - Ramkumari Devangan W/o Shri Ashok Devangan R/o Village Sukul Daihan, Post Dhangaon, District : Rajnandgaon, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. P. Dutta, Advocate on behalf of Mr. Sudhir Agrawal, Advocate For Respondents No.3-4 : Mr. Khilendra Sahu, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 16.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellant- SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-2078-2023 Insurance Company challenging the impugned award dt. 31.07.2023, passed in Claim Case No.29/2021 (Ramdas and another v. Parakh Verma and others) by the Motor Accident Claims Tribunal, Rajnandgaon (CG), whereby learned Claims Tribunal has allowed the claim application of the respondent/claimant and awarded compensation to the tune of Rs.14,64,752/- alongwith interest @ 6% PA from the date of claim and said amount is held to be payable by the appellant-Insurance Company. 2. Learned counsel for the appellant would make two folds submissions: (i) that learned Claims Tribunal is absolutely unjustified in assessing the age of the deceased to be 19 years, whereas it ought to have been 17 years and (ii) the driver of the offending vehicle was not having valid and effective driving license to ply the same on the date of the accident, as such, the same was being plied in breach of the policy condition. Therefore, the appellant-Insurance Company is wrongly held liable to pay compensation to the claimants. Thus, the impugned award is liable to be set aside. 3. On the other hand, learned counsel for the respondent would support the impugned order by opposing the submissions made by learned counsel for the appellant and prays for dismissal of this appeal. 4. I have heard learned counsel for the parties, considered their Page No.3 of 4 IN MAC-2078-2023 rival submissions made herein-above and went through the records with utmost circumspection. 5. So far as the first ground of attack is concerned i.e. that learned Claims Tribunal has erred in assessing the age of the deceased to be 19 years, a careful perusal of the record would show that learned Claims Tribunal on the basis of PM report (Ex.P/16) has taken the age of the deceased to be 19 years and there is nothing available on record to show that the deceased was aged about 17 years on the date of accident. Even, the appellant-Insurance Company has not led any evidence to substantiate the said fact that the deceased was aged about 17 years on the date of accident, instead of 19 years. As such, the said ground is liable to be and is hereby rejected. The next ground that has been raised on behalf of the appellant is that on the date of accident, the offending vehicle was being plied in breach of the policy condition, as the driver of the same was not having valid and effective license. Though this plea has been taken by the appellant-Insurance company before the learned Claims Tribunal, but learned Claims Tribunal after full- fledge trial has specifically recorded a finding that the driver of the offending vehicle plied the same in rash and negligent manner and, due to which, the deceased suffered injuries and died and it has not been established on record that on the date of accident the driver of the offending vehicle plied the same in breach of the policy condition Page No.4 of 4 IN MAC-2078-2023 or was not having valid and effective driving license, which finding, in the considered opinion of this Court is correct finding of fact based on evidence and same is neither perverse nor contrary to the record. As such, I do not consider it a fit case warranting interference in the impugned award, passed by the learned Claims Tribunal. 6. Accordingly, I do not find any merit in this appeal. It deserves to be and is hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge s@if