1 2026:CGHC:21369 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 2204 of 2019 1 - Icici Lombard General Insurance Company Limited Its Legal Manager, Vanijya Bhawan, Ground Floor, Devendra Nagar, Raipur, ChhatÝsgarh., District : Raipur, ChhatÝsgarh ... Appellant versus 1 - Divyansh Koushik S/o Yarendra Kumar Koushik Aged About 3 Years Minor Through Legal Friend Yogendra Kumar Koushik S/o Sukalu Koushik, R/o Ward No. 13 Village Umariya, Post Bija, Police Station And Tahsil Takhatpur, District Bilaspur, ChhatÝsgarh (Claimant), District : Bilaspur, ChhatÝsgarh 2 - Vinod Kumar Vishwakarma S/o Sadhram Vishwakarma Aged About 44 Years R/o Ward No. 7 Chakarbhatha, Police Station Chakarbhatha, District Bilaspur, ChhatÝsgarh. (Owner-Cum-Driver), District : Bilaspur, ChhatÝsgarh ... Respondent(s) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.05.08 10:45:41 +0530 2 For Appellant : Ms. Harneet Kaur on behalf of Mr. Sourabh Sharma, Advocates For Respondent(s) : None though served (SB - Hon'ble Shri Justice Sanjay K. Agrawal Judgment on Board 07.05.2026 1. This appeal under Section 173 of the Motor Vehicle Act, 1988 has been preferred by the appellant/Insurance Company challenging the impugned award dated 01/05/2019 (Annexure A/1) passed by learned 9th Additional Motor Accident Claims Tribunal, Bilaspur in Claim Case No. 543/2018 whereby compensation of Rs. 1,07,560/- has been awarded in favour of the claimant and the liability of payment of compensation has been fastened upon the appellant/Insurance Company. 2. Learned counsel for the appellant/Insurance Company would submit that owner of the offending vehicle did not have valid permit and fitness certificate on the date of the accident to ply the vehicle, as such, the Claims Tribunal ought to have exonerated the Insurance Company from the liability of payment of compenstion. 3. None appeared on behalf of the respondents though served. 3 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 5. Though the appellant/Insurance Company has taken a plea in paragraph 9 of their written statement that the owner of the vehicle did not have a valid and effective permit and fitness certificate to ply the vehicle, however, they did not led any evidence to prove the same and declared the evidence closed on 16/04/2019. Thereafter, argument was heard on 27/04/2019 and award was passed on 01/05/2019. As such, learned 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