1 2025:CGHC:56573 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 701 of 2022 Branch Manager , The Oriental Insurance Company Limited Branch Office, Rama Trade Center, Infront Of Rajeev Plaza, Near Old Bus Stand , Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Appellant versus 1 - Sanjay Kumar Nag S/o P.L. Nag, Aged About 50 Years R/o Kaji Nagar, Sant Kabir Ward, Bhandara Maharashtra, Presently R/o Najarlal Para, Ward No. 14, Police Station Sirgitti, Tahsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Harpal Singh S/o Late Mahendra Singh Aged About 40 Years R/o Vikas Nagar, Kusmunda, Qtr. No. B 81 Police Station Kusmunda, District Korba Chhattisgarh. (Registered Owner Cum Driver) --- Respondent(s) MAC No. 703 of 2022 Branch Manager , The Oriental Insurance Company Limited Branch Office, Rama Trade Center, Infront Of Rajeev Plaza, Near Old Bus Stand, Tahsil And District Bilaspur (Insurer). ---Appellant HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2025.11.21 11:09:34 +0530 2 Versus 1 - Harish Nag S/o P.L. Nag Aged About 48 Years R/o R.P. Nagar, Phase - 2, P.O. Rampur, District Korba Chhattisgarh, Presently R/o Najarlal Para, Ward No. 14, Police Station Sirgitti, Tahsil And District Dhamtari Chhattisgarh. (Claimant). 2 - Harpal Singh S/o Late Mahendra Singh Aged About 40 Years R/o Vikas Nagar, Kusmund, Qtr. No. B-81, Police Station Kusmunda, District Korba Chhattisgarh. --- Respondent(s) For Appellant : Mr. Pankaj Agrawal and Mrs. Swati Agrawal, Advocates For Respondents : None SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 20.11.2025 1. Both of these appeals under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) have been preferred by the appellant (Insurance Company) challenging the impugned award dated 21/03/2022 passed by learned Motor Accident Claims Tribunal, Bilaspur (C.G.) in Claim Cases No. 817/2018 and 914/2018, whereby learned Claims Tribunal has awarded a sum of Rs. 49,778/- and Rs. 30,000/- to the claimants namely Harish Nag and Sanjay Kumar Nag, respectively, for the injuries suffered by them. 3 2. Learned counsel for the appellant/Insurance Company would submit that both the injured claimants were not third party and premium for covering the risk of third party was also not paid, as such, the appellant/Insurance Company be exonerated from the liability of payment of compensation or at the best, the Claims Tribunal could have directed the Insurance Company to pay and recover. 3. None appeared on behalf of the respondents, though served. 4. I have heard learned counsel for the appellant, considered his submissions made herein-above and went through the records with utmost circumspection. 5. Learned Claims Tribunal, has clearly recorded a finding in paragraph 15 of the impugned award that witness of the Insurance Company namely Jitendra Kumar (NA.W.-2) has clearly admitted in his cross-examination that as per the insurance policy (Ex. D/2), a premium of Rs. 2,055/- was paid towards third party risk and since both the injured claimants are not driver of the vehicle, they would come under the category of third party and would be entitled for compensation. In that view of the matter, it could not be proved that the vehicle was being plied in breach of terms and conditions of the insurance policy and therefore, the Claims Tribunal has rightly fastened the liability of 4 payment of compensation upon the Insurance Company. I do not find any merit in these appeals. 6. Accordingly, both the appeals, being devoid of merits, are hereby dismissed. Sd/- (Sanjay K. Agrawal) Judge Harneet