Page No.1 of 3 IN MAC-1153-2022 2025:CGHC:42587 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1153 of 2022 [Arising out of award dated 01.07.2022, passed in Claim Case No.389/2017 (Chitrarekha Sahu and others v. Ganesh and others] by the 4th Addl. Motor Accident Claims Tribunal, Durg (CG)] United India Insurance Company Limited Through Its Division Manager, Divisional Office - 1st Floor Tara Complex, Near Bus Stand, Power House, Bhilai, Tahsil And District Durg Chhattisgarh. ... Appellant Versus 1 - Chitrarekha Sahu Wd/o Late Jagganath Sahu Aged About 32 Years R/o Laxmi Nagar, Risali Bhilai Tahsil And District Durg Chhattisgarh. 2 - Bhupendra Sahu S/o Lat E Jagganath Sahu Aged About 11 Years Minor Through Their Mother Chitrarekha Sahu (Res. No.1) R/o Laxmi Nagar, Risali Bhilai Tahsil And District Durg Chhattisgarh. 3 - Bipendra Sahu S/o Late Jagganth Sahu Aged About 6 Years Minor Through Their Mother Chitrarekha Sahu (Res. No.1) R/o Laxmi Nagar, Risali Bhilai Tahsil And District Durg Chhattisgarh. 4 - S. Ganesh S/o S. Suryanarayan Aged About 56 Years R/o Village - Gautam Nagar, P.R. Peta, Jaipur, P.S. Jaipur, District Koraput (Odisha) (Driver) 5 - Manager, Osrtc (Odisha Road Transport Corporation) Address- Managing Director Osrtc, Bhuvneshwar Khurda (Odisha) (Owner) ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Dashrath Gupta, Advocate For Respondents : None though served ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) Page No.2 of 3 IN MAC-1153-2022 21.08.2025 1. In this appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”), the appellant-Insurance Company is calling in question the legality, validity and correctness of impugned award dated 01.07.2022, passed in Claim Case No.389/2017 (Chitrarekha Sahu and others v. Ganesh and others] by the 4th Addl. Motor Accident Claims Tribunal, Durg (CG) (for short the “MACT”), whereby the claim application filed by the respondents No.01-3/claimants has been allowed and compensation to the tune of Rs.15,54,900/- has been awarded to them alongwith interest 9% PA on account of death of Jagannath in the accident occurred on 01.01.2017, which amount is directed to be payable by the appellant-Insurance Company herein. 2. Learned counsel for the appellant-Insurance Company would make sole submissions that in the present case, since the driver of the offending vehicle i.e. respondent No.4 herein was not having valid and effective driving license on the date of accident, therefore, the insurance company is not liable to pay the compensation to the claimants. As such, the impugned award is liable to be set aside. 3. None appeared for the respondents though served. 4. I have heard learned counsel for the appellant, considered his rival submissions made herein-above and went through the record with utmost circumspection. 5. In the case at hand, after considering the oral and documentary Page No.3 of 3 IN MAC-1153-2022 evidence available on record, the learned MACT has clearly recorded a finding that through the insurance company has taken a plea that the driver of the offending vehicle (i.e. respondent No.04 herein) was not having valid and effective license on the date of accident, but except letter (Ex.P/04), issued by the Road Transport Corporation, no specific evidence has been led by the insurance company to prove/establish the said fact and, therefore, proceeded to fasten the liability to pay compensation upon the appellant-Insurance company herein, which finding in the considered opinion of this Court, is correct finding of fact based on evidence/material available on record. Accordingly, I do not consider it a fit case warranting interference in the impugned award, passed by the learned MACT. 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