(MAC No.883/2022) 2025:CGHC:53863 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 883 of 2022 {Arising out of award dated 25-4-2022 passed by the Motor Accident Claims Tribunal, Jashpur in Motor Accident Claim Case No.21/2020} 1. Sagar Ram, S/o late Tetangu Ram, Aged about 60 years 2. Smt. Lilawati Bai, W/o Sagar Ram, Aged about 50 years Both are R/o Village Moradhih (Salekera), Post Aara, Tahsil and District Jashpur, Chhattisgarh. (Claimants) ... Appellants versus 1. Hiralal, S/o Sagar Ram, R/o Village Moradhih (Salekera), Post Aara, Tahsil and District Jashpur, Chhattisgarh (Owner) 2. Virsai Bhagat, S/o Nepal Bhagat, Aged about 20 years, R/o Village Moradhih (Salekera), Post Aara, Tahsil and District Jashpur, Chhattisgarh (Driver) 3. ICICI Lombard General Insurance Company Limited, Ground Floor, Commercial Bhawan, Devendra Nagar, Raipur, District Raipur, Chhattisgarh (Insurer of the offending vehicle) ... Respondents For Appellants : Mr. Divyanand Patel, Advocate. For Respondent No.3 : Ms. Shruti Yadav, Advocate. Single Bench:- Hon'ble Shri Justice Sanjay K. Agrawal SISTA SOMAYAJULU Digitally signed by SISTA SOMAYAJULU Date: 2025.11.06 16:14:37 +0530 (MAC No.883/2022) 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 25-4-2022 passed by the Motor Accident Claims Tribunal, Jashpur in Motor Accident Claim Case No.21/2020, whereby the learned Claims Tribunal while granting compensation of ₹ 5,43,600/- for the death of deceased Gangadhar Ram, aged about 17 years at the time of accident, has exonerated the Insurance Company from its liability to pay compensation. The appellants herein/claimants are parents of the deceased. 2. Mr. Divyanand Patel, 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 and driver of the vehicle. 3. Ms. Shruti Yadav, learned counsel appearing on behalf of the Insurance Company/respondent No.3 herein, would support the impugned award and oppose the appeal and submit that the Claims Tribunal has rightly exonerated the Insurance Company from payment of compensation. 1 (2004) 3 SCC 297 (MAC No.883/2022) 4. 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. 5. 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 and driver of the offending vehicle. It is ordered accordingly. 6. The appeal stands partly allowed and the impugned award is modified to the extent indicated herein-above. Sd/- (Sanjay K. Agrawal) JUDGE Soma