1 MAC No. 252 of 2022 2025:CGHC:37016 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 252 of 2022  Branch Manager, The Oriental Insurance Company Limited, Branch Office – Rama Trade Centre, in front of Rajiv Plaza Old Bus Stand, Bilaspur, Tehsil and District Bilaspur (Chhattisgarh) through In-Charge, T.P.Hub, T.P.Hub Office, Rama Trade Centre, 1st floor, Opp. Rajeev Plaza, near Old Bus Stand, Bilaspur (Chhattisgarh), Pin 495001. ... Appellant versus 1. Veeru Kumar Dhruv, father Dograha Prasad Dhruv, aged about 22 years, at – Shanti Nagar, Thetha Dabri, Bilaspur, P.S. Civil Line, Tehsil and District Bilaspur Chhattisgarh...........(Claimant). 2. Tulsi Sahu, S/o Malik Ram Sahu, aged about 22 years, Sakin Singarpur, Mouli Police Station Bhathapara, District Balodabazar (Chhattisgarh).............Driver. 3. Ramkumar Sahu, S/o Late Chhotu Lal Sahu, aged about 45 Years, at – Hathkera Baoli Patharia, P.S. Patharia, District Mungeli Chhattisgarh...............Owner. ... Respondents ANKIT KUMAR SINGH Digitally signed by ANKIT KUMAR SINGH Date: 2025.08.01 10:56:34 +0530 2 MAC No. 252 of 2022 For Appellant :- Mr. Akash Shrivastava, Advocate. For Respondent No.1 :- Mr. Nikhil Kumar, Advocate. SB- Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 29.07 .2025 1. The appellant has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 12.10.2021 passed by the 6th Additional Motor Accident Claims Tribunal, Bilaspur, District Bilaspur, Chhattisgarh (for short “Claims Tribunal”) in MACT/298/2018, by which the liability to pay the compensation has been fastened upon the Insurance Company/appellant herein and thereafter recover the same from the owner and driver of the offending vehicle. 2. Mr. Akash Shrivastava, learned counsel for the appellant, would submit that the learned Claims Tribunal has committed gross error in fastening the liability upon the insurance company. He would further submit that Claims Tribunal has directed the Insurance Company/appellant herein to pay the compensation and thereafter recover the same to the 3 MAC No. 252 of 2022 owner/respondent No.3 herein and the driver/respondent No.2 herein, of the offending vehicle. As such, the award may be modified to the extent of fastening the liability upon the Insurance Company. 3. Mr. Nikhil Kumar, learned counsel for the claimant, would support the impugned award. 4. None for the respondents No.2 & 3, though served. 5. I have heard learned counsel for the parties, considered their rival submission made herein-above and gone through the records with meticulously. 6. In the present case, the Claims Tribunal after appreciating the oral and documentary evidence available on record has fastened the liability upon the Insurance Company/appellant herein by applying the principle to pay and recover in light of decision of the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and others 1 which is the correct finding of fact based on evidence available on 1 (2004) 3 SCC 297 4 MAC No. 252 of 2022 record and the same is neither perverse nor contrary to the records. Accordingly, I hereby affirm the same. 7. In view of the above, I do not find any merit in the instant appeal, it deserves to be and is accordingly dismissed. No order as to cost(s). Sd/- (Sanjay K. Agrawal) Judge Ankit