THE ORIENTAL INSURANCE CO. LTD. v. SMT. PADMINI MEHAR @ PADMALAYA
MAC/167/2019 · 2026-03-23
Shri Sanjay K Agrawal
body2026
DailyLaw.ai
[ 2026 DAILYLAW 11542 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 11542 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:14007
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 167 of 2019 1 - The Oriental Insurance Co. Ltd. Through Its Divisional Manager, Divisional Office No. 1, Madina Building, Jail Road, Raipur Chhattisgarh, Through Its Authorized Signatory Asstt. Manager, Divisional Office, Rama Trade Centre, First Floor, Opposite Rajveev Plaza, Bilaspur Chhattisgarh. Pin 495001., District : Bilaspur, Chhattisgarh
... Appellant(s) versus 1 - Smt. Padmini Mehar @ Padmalaya W/o Shri Sahdev Mehar Aged About 47 Years R/o Village And P.O. And P.S. Komna, District Nuapada (Odisha), Moblie No. 09938621351., District : Nuapada *, Orissa 2 - Shri Sahdev Mehar S/o Shri Dala Mehar Aged About 49 Years R/o Village And P.O. And P.S. Komna, District Nuapada (Odisha), Moblie No. 09938621351. (Claimants), District : Nuapada *, Orissa 3 - Kamaljeet Singh S/o Shri Gurmit Singh Aged About 47 Years At Village And P.S. Padampur, District Bargarh (Odisha). (Driver), District : Bargarh *, Orissa HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.03.24 16:44:15 +0530
2 4 - S.K. Tazamul Hussain S.K. Tafikul Hussain Add. - Ward No. 7, Kendrapara Municipalties, District Kendrapara (Odisha) (Owner), District : Kendrapara *, Orissa
... Respondent(s) For Appellant(s) : Mr. R.N. Pusty, Advocate For Respondent(s) No. 3 and 4 : Mr. J.A. Lohani, Advocate
SB - Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 24.03.2026
1. The appellant/Insurance Company has preferred this appeal under Section 173 of the Motor Vehicles Act, 1988 calling in question the legality, validity and correctness of impugned award dated 06/09/2018 passed by the Chief Motor Accident Claims Tribunal, Raipur (C.G.) in Claim Case No. 491/2017 whereby the Claims Tribunal has awarded a compensation of Rs. 4,62,000/- in favour of the claimants and the liability to pay the compensation has been fastened upon the appellant/Insurance Company. 2. Learned counsel for the appellant would submit that the Claims Tribunal is absolutely unjustified in fastening liability of payment of compensation upon the Insurance Company as the driver of the offending vehicle did not
3 have valid and effective driving license on the date of the accident. 3. Learned counsel for respondents No. 3 and 4 would support the impugned award and submit that the Claims Tribunal has rightly fastened the liability of payment of compensation upon the Insurance Company. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection.
5. A careful perusal of the record would show that though the appellant/Insurance Company taken the plea in their written statement that the driver of the offending vehicle did not have valid and effective driving license on the date of the accident, however, no evidence has been led by them in this regard. In that view of the matter, the Claims Tribunal has rightly fastened the liability of payment of compensation upon the appellant/Insurance Company. I do not find any merit in this appeal. 6. Accordingly, this appeal stands dismissed leaving the parties to bear their own cost(s). Sd/-
(Sanjay K. Agrawal)
Judge Harneet