1 (MAC No. 294 of 2023) 2025:CGHC:42137 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 294 of 2023 1 - United India Insurance Company Limited Through Its Branch Manager, Branch Office- Near Tikrapara Chowk, Ist Floor, Indian Bank, Bastar Road, Dhamtari, District- Dhamtari, Chhattisgarh....................(Non-Applicant No.3) --- Appellant(s) versus 1 - Sonkunwar Wd/o Late Kamlesh Sahu Aged About 38 Years Caste- Teli, Aged 38 Years, R/o Village And Post Office Balodgahan, Police Station Gurur, District- Balod, Chhattisgarh...................(Applicant No.1) 2 - Abhishek S/o Lokesh Sahu Aged About 13 Years Minor- Through His Grand Mother- Sonkunwar (Res.No.1), R/o Village And Post Office Balodgahan, Police Station Gurur, District- Balod, Chhattisgarh.....................(Applicant No.2) 3 - Lokesh Kumar Sahu S/o Lakhanlal Sahu Aged About 50 Years Caste- Teli, R/o Ward No.2, Gandhi Chowk Purur, Police Station Gurur, District- Balod, Chhattisgarh. (Rider/driver Of Motorcycle)..................(Non-Applicant No.1) 4 - Bhavesh Kumar Sahu S/o Lokesh Kumar Sahu Caste- Teli, R/o Ward No.2, Gandhi Chowk Purur, Police Station Gurur, District- Balod, Chhattisgarh.....(Owner Of Mororcycle)..................(Non-Applicant No.2) --- Respondent(s) (Cause-title taken from the Case Information System) ADITI DIWAN KAIWART Digitally signed by ADITI DIWAN KAIWART Date: 2025.08.22 15:54:09 +0530 2 (MAC No. 294 of 2023) For Appellant :- Mr. Dashrath Gupta, Advocate For Respondents :- None though served. SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment On Board 20.08.2025 1. The appellant-insurance company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) calling in question the legality, validity and correctness of impugned award dated 16.11.2022 (Annexure A/1) passed by learned I Additional Motor Accident Claims Tribunal, Balod, District Balod, Chhattisgarh, by which the claim application of the claimants filed under Section 166 of the Act of 1988 has been allowed and the liability has been fastened upon the insurance company to pay the amount of compensation to the tune of Rs.10,50,000/- along with 9% simple interest per annum from the date of institution of claim application till actual realization of the amount. 2. Learned counsel for the appellant would submit that the driver of the offending vehicle did not have valid and effective driving license on the date of incident as the offending vehicle is a motorcycle with gear whereas, the driver was holder of driving license for LMV and transport 3 (MAC No. 294 of 2023) vehicle and thereby, he was not entitled to drive motorcycle. As such, there was breach in terms and conditions of the insurance policy and hence, the insurance company is not liable to pay any compensation. 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. Though the insurance company has taken a plea that the driver of the offending vehicle did not have valid and effective driving license on the date of incident but no evidence has been led on behalf of the insurance company to substantiate the aforesaid plea. The learned Claims Tribunal in para 13 of the impugned judgment has categorically recorded a finding that the appellant- insurance company has not led any evidence to demonstrate that the driver of the offending vehicle did not have valid and effective driving license on the date of incident or to prove that there was breach in terms and conditions of the policy and thereby, proceeded to fasten the liability to pay the amount of compensation upon the insurance company. The said finding recorded by the Claims Tribunal, in my considered opinion, is a correct 4 (MAC No. 294 of 2023) finding of facts based on the materials available on record and the same is neither perverse nor contrary to the record. Therefore, 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(s). Sd/- (Sanjay K. Agrawal) Judge @d!t!