1 (MAC No. 256 of 2023) 2025:CGHC:46243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 256 of 2023 1 - The United India Insurance Company Limited By Branch Office Hospital Syndicate Bank 2nd Floor Old Bus Stand Road, Rajnandgaon Chhattisgarh. Through Authorized Signatory Officer In Charge T.P. Hub United India Insurance Company Limited Bilaspur Chhattisgarh. (N.A. No3) --- Appellant(s) versus 1 - Viranchi Wd/o Late Jugeshwar Aged About 24 Years Occupation House Wife, R/o Village Salka, P.S. Lakhanpur, District Sarguja Chhattisgarh Chhattisgarh. Presently Residing At Village Pampa Nagar P.S. Ramanuj Nagar, District Surajpur Chhattisgarh. (Claimants) 2 - Minor Santosh Kumar S/o Late Jugeshwar Aged About 3 Years Through Guardian Mother Viranchi Wd/o Late Jugeshwar, R/o Village Salka, P.S. Lakhanpur, District Sarguja Chhattisgarh Chhattisgarh. Presently Residing At Village Pampa Nagar P.S. Ramanuj Nagar, District Surajpur Chhattisgarh. 3 - Manglu Ram S/o Late Seva Ram Aged About 50 Years R/o Village Salka, P.S. Lakhanpur, District Sarguja Chhattisgarh Chhattisgarh. Presently Residing At Village Pampa Nagar P.S. Ramanuj Nagar, District Surajpur Chhattisgarh. 4 - Naiharo Bai W/o Manglu Ram Aged About 45 Years R/o Village Salka, P.S. Lakhanpur, District Sarguja Chhattisgarh Chhattisgarh. Presently Residing At Village Pampa Nagar P.S. Ramanuj Nagar, District Surajpur Chhattisgarh. ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.09.11 16:42:25 +0530 2 (MAC No. 256 of 2023) 5 - Uttam Kumar Sahu S/o Dhan Singh Aged About 42 Years R/o Village Chadinidih Post And P.S. Amanaka District Raipur Chhattisgarh. (Driver) 6 - Diwakar Tripathi S/o Late S.N. Tripathi Aged About 42 Years R/o Commercial Complex Shop No. 11/a Kabir Nagar Raipur Chhattisgarh. Presently Residing At Village Kumhari Post And P.S. Kumari District - Durg Chhattisgarh. (Owner) --- Respondent(s) (Cause title taken from the Case Information System) For Appellant :- Mr. Bholanath Nande, Advocate For Respondent :- None though served. SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 10.09.2025 1. The appellant-insurance company has preferred this appeal calling in question the legality, validity and correctness of impugned award dated 20.10.2022 (Annexure A/1) passed by learned Additional Motor Accident Claims Tribunal, Surajpur, District Surajpur, Chhattisgarh, by which the claim application filed by the claimants has been allowed and the primary liability to pay the amount of compensation to the claimants has been fastened upon the insurance company and thereafter recover the same from the owner of the offending vehicle. 3 (MAC No. 256 of 2023) 2. 3 (MAC No. 256 of 2023) 2. Mr. Bholanath Nande, learned counsel for the appellant would submit that the offending vehicle did not have valid permit at the time of incident, which is in violation and breach of terms and conditions of the insurance policy and therefore, the insurance company be completely exonerated from paying the amount of compensation and this appeal deserves to be allowed. 3. None for the respondents though served. 4. I have heard learned counsel for the appellant and perused the material available on records with utmost circumspection. 5. Learned Claims Tribunal has categorically recorded a finding that the offending vehicle was being plied in breach of terms and conditions of the insurance policy on the date of accident. In this regard, the decision rendered by the Supreme Court in the matter of Amrit Paul Singh vs TATA AIG General Insurance Company Limited 1 may be noticed herein, where their Lordships of the Supreme Court have clearly recorded a finding that if the offending vehicle is being plied in violation of terms and conditions of the insurance policy, the insurance company is liable to pay the compensation first and then 1 (2018) 7 SCC 558 4 (MAC No. 256 of 2023) recover the same from the owner of the vehicle. In view of the above, learned Claims Tribunal is absolutely justified in fastening the liability upon the insurance company to pay the amount of compensation to the claimants first and thereafter recover the same from the owner of the offending vehicle. As such, I do not find any good ground to entertain the instant appeal. 6. Accordingly, this appeal deserves to be and is hereby dismissed, leaving the parties to bear their own cost. Sd/- (Sanjay K. Agrawal) Judge @d!t!