1 2026:CGHC:18035 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 436 of 2019 The New India Assurance Company Limited Through Its Divisional Manager, Divisional Office - 2nd Floor Rama Trade Center, Infront Of Rajiv Plaza, Old Bus Stand Road Bilaspur, Tahsil And District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Smt. Munni Bai Wd/o Late Maan Singh Gond Aged About 40 Years R/o Mukam And Post Hirri, Police Station And Tahsil - Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 2 - Ku. Kunti Singh D/o Late Maan Singh Gond Aged About 22 Years R/o Mukam And Post Hirri, Police Station And Tahsil - Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 3 - Bhawan Singh S/o Late Maan Singh Gond Aged About 24 Years R/o Mukam And Post Hirri, Police Station And Tahsil - Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Pawan Singh S/o Late Maan Singh Gond Aged About 10 Years Minor Through Mother Smt. Munni Bai, Wd/o Late Maan Singh Gond, Age 40 Years, R/o Mukam And Post Hirri, Police Station And Tahsil - Masturi, District - Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Phulchandra Sahu S/o Hira Lal Sahu Aged About 26 Years R/o Village Gotra, P.O. - Bhadora, P.S. Kusmi, District - Sidhi Madhya Pradesh. ---(Driver), District : Sidhi, Madhya Pradesh 6 - Nitesh Kumar Mishra S/o Ravindranath Mishra R/o Near Kharsiya Huyundai Show Room Bhagwanpur Raigarh, District - Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh ... Respondents [Cause-title taken from Case Information System (CIS)] ------------------------------------------------------------------------------------------------ For Appellant : Mr. Dashrath Gupta, Advocate ------------------------------------------------------------------------------------------------ Single Bench: Hon'ble Shri Justice Sanjay K. Agrawal (Order on Board) SAIFAN KHAN Digitally signed by SAIFAN KHAN 2 21.04.2026 1. In this appeal filed under Section 173 of the Motor Vehicle Act, 1988 (for short the “MV Act”) the appellant- Insurance Company is questioning award dated 22.11.2018, whereby the claim application filed by the claimants was allowed and liability to pay compensation of Rs.7,28,125/- to the claimants has been fastened upon the appellant- Insurance Company. 2. Learned counsel for the appellant submits that learned Claims Tribunal has committed grave legal error in allowing the claim application of the claimants and also in awarded compensation to them, as neither the driver of the offending vehicle was having valid and effective driving license to ply the same on the date of accident nor the owner of the offending vehicle (Truck) was having necessary permit. As such, for the aforesaid reasons, the insurance company is liable to be exonerated from the liability to pay compensation to the claimants. 3. I have heard learned counsel for the appellant, considered his rival submissions made herein-above and went through the record with utmost circumspection. 4. A careful perusal of the record would show that the learned Claims Tribunal after appreciating the evidence led by the Insurance Company in shape of their Officer, namely, V. Tirki (Assistant Manager) came to the conclusion that since the driver and the owner of the offending vehicle were proceeded ex-parte, it was the bounden duty of the Insurance Company to prove that on the date of accident neither the driver of the offending vehicle was having valid and effective driving 3 license to ply the same nor the owner of the offending vehicle (Truck) was having necessary permit, which the Insurance Company miserably failed to do and, in absence of which, the said grounds are liable to be rejected. In the considered opinion of this Court, the findings recorded by the Claims Tribunal is correct finding of fact based on evidence and same is neither perverse nor contrary to the record. 5. In that view of the matter, I do not find any merit in this appeal warranting interference of this Court in the impugned award passed by the learned Claims Tribunal. Accordingly, the present appeal is liable to be and is hereby dismissed. No cost. sd/- (Sanjay K. Agrawal) Judge s@if