Page No.1 of 4 IN MAC-697-2022 2025:CGHC:59752 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 697 of 2022 [Arising out of award dt. 13.04.2022, passed in Claim Case No.691/2019 (Premin Bai Sahu and other v. Awadh Ram Sahu and others) by the Chief Motor Accident Claims Tribunal, Raipur (CG)] 1 - Awadh Ram Sahu S/o Narad Ram Sahu Aged About 30 Years R/o Village Chorbhatti, Post Korasi, Police Station Kharora, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Jageshwar Sahu Son Of Nirbhay Ram Sahu , R/o Qt. No. 221/1, Mahamayapara, Village Kurrapara, Tahsil Aarang, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Appellants Versus 1 - Premin Bai Sahu W/o Late Kashi Ram Sahu Aged About 47 Years R/o Village Khauli, Post Aarang, Police Station Kharora, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Ajay Kumar Sahu S/o Late Kashi Ram Sahu Aged About 24 Years R/o Village Khauli, Post Aarang, Police Station Kharora, District Raipur Chhattisgarh. 3 - Sanjay Kumar Sahu S/o Late Kashi Ram Sahu Aged About 22 Years R/o Village Khauli, Post Aarang, Police Station Kharora, District Raipur Chhattisgarh. 4 - New India Insurance Company Limited Through Divisional Manager, Division Office No. 2, 2nd Floor , Lic Investment Building, Phase I, Jeevan Bima Marg, Pandri, Tahsil And District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Utkarsh Patel, Advocate For Respondent No.4 : Mr. P. Dutta, Advocate SAIFAN KHAN Digitally signed by SAIFAN KHAN Page No.2 of 4 IN MAC-697-2022 ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) 09.12.2025 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 (for short the “Act of 1988”) has been preferred by the appellants- Owner and Driver of the offending vehicle, challenging the impugned award dt. 13.04.2022, passed in Claim Case No.691/2019 (Premin Bai Sahu and other v. Awadh Ram Sahu and others) by the Chief Motor Accident Claims Tribunal, Raipur (CG), whereby the learned Claims Tribunal has allowed the claim application of the respondent/claimants and awarded compensation to the tune of Rs.12,02,000/- alongwith interest @ 9% PA from the date of claim and said amount is held to be firstly payable by the Insurance Company (respondent No.04) and thereafter recover it from the appellant- owner of the vehicle. 2. Learned counsel for the appellants would submit that the learned Claims Tribunal is absolutely unjustified in fastening the liability to pay compensation upon the appellant- owner of the offending vehicle by applying the principle of pay and recovery by recording findings which are perverse and contrary to the record. Hence, the impugned award is liable to be set aside. 3. On the other hand, learned counsel for the respondents would support the impugned order by opposing the submissions made by Page No.3 of 4 IN MAC-697-2022 learned counsel for the appellants and prays for dismissal of this appeal. Additionally, learned counsel for the respondent/claimants would submit that since on the date of accident i.e. on 23.07.2019, the offending vehicle was being plied with valid and effective permit, therefore, the learned Claims Tribunal is absolutely justified in fastening the liability to pay compensation upon the appellant- owner of the offending vehicle by applying the principle of pay and recovery. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. In the case at hand, a careful perusal of the record would show that the learned Claims Tribunal after appreciating the oral and documents evidence available on record and specially after full- fudged trial found that on the date of offence the offending vehicle being No.CG-04-JD-3732 was plied in breach of the policy condition, as it was not having valid and effective permit, therefore, fastened the liability to pay compensation upon the appellant- owner of the offending vehicle by applying the principle of pay and recovery, which, in the considered opinion of this Court and in light of the decision of the Supreme Court in Amrit Paul Singh v. Tata AIG General Insurance Co. Ltd. 1 , is correct finding of fact based on 1 (2018) 7 SCC 558 Page No.4 of 4 IN MAC-697-2022 evidence available on record 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