1 CGHC010069892023 2026:CGHC:31357 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 413 of 2023 Atesh Kumar Sahi S/o Tarkeshwar Sahi Aged About 38 Years Resident Of J. S. P. L. Road, Shiv Shakti Complex, Gorkha, Raigarh Tahsil And District- Raigarh, District : Raigarh, Chhattisgarh ... Appellant versus 1 - Rajkumar S/o Kalasram Bhardwaj Aged About 50 Years R/o Village Akolajmora, Police Station And Tahsil- Dabhra ..........Claimant 2 - Suresh Yadav S/o Bamleshwar Yadav Aged About 40 Years R/o Village Chhawni, Police Station- Basgiroad ........Non-Applicant 3 - The New India Insurance Company Limited Kewda Badi, Near Bus Stand Raigarh, Tahsil And District Raigarh, Chhattisgarh --- Respondent(s) For Appellant : Mr. Ashish Gupta, Advocate For Respondent No.1 : Mr. Rajendra Patel, Advocate For Respondent No.3 : Mr. Sourabh Sharma and Ms. Harneet Kour Khanuja, Advocates SHUBHAM SINGH RAGHUVANSHI Digitally signed by SHUBHAM SINGH RAGHUVANSHI Date: 2026.07.25 14:28:25 +0530 2 Hon'ble Shri Justice Sanjay Kumar Jaiswal Judgment on Board (22.07.2026) 1. This appeal has been filed under Section 173 of the Motor Vehicles Act, 1988 by the appellant Atesh Kumar Sahi, owner of the offending vehicle Trailer No. CG-10-C-2477, for setting aside the award dated 24.01.2023 passed by learned Motor Accident Claims Tribunal, Raigarh (C.G.) in Claim Case No. 10/2021, whereby the learned Tribunal awarded compensation of Rs.9,59,125/- with interest @ 6% per annum and fastened the liability primarily on the appellant and Respondent No.2/driver, while exonerating Respondent No.3/The New India Assurance Company Ltd. 2. The claim arose out of a motor accident dated 12.03.2020 at about 12:30 PM near Village Bungursiya, PS Chakradharnagar, District Raigarh, involving Trailer No. CG-10-C-2477 owned by the appellant. The learned Tribunal awarded compensation to the claimant/Respondent No.1 and held that the accident occurred due to rash and negligent driving of the offending vehicle. However, Respondent No.3/Insurance Company was exonerated. Hence, the present appeal by the owner for fastening liability on the Insurance Company. 3. Learned counsel appearing for the appellant submits that the Tribunal has erred in exonerating Respondent No.3/Insurance Company. It is further submitted that the premium of Rs.53,739/- was deposited on 12.03.2020 itself. The vehicle is deemed to be insured from the date on which the premium is received. It is further submitted that once the premium has been accepted, the Insurance Company cannot escape liability and therefore the liability 3 ought to have been fastened on Respondent No.3. 4. Per contra, learned counsel appearing for Respondent No.3 supported the award and submitted that as per the evidence of Smt. Anima Prakash Lakda (NA-3) and documents Ex.D-3, Ex.D-5 and Ex.D-4-C, the insurance policy was issued for the period from 13.03.2020 to 12.03.2021. The premium was admittedly received at 5:15 PM on 12.03.2020, whereas the accident occurred at 12:30 PM on the same day. No cover note was issued prior to the time of accident. It was submitted that in absence of any coverage at the time of accident, the Tribunal has rightly exonerated the Insurance Company and no interference is warranted. 5. I have heard learned counsel for the parties, considered their rival submissions and perused the entire record minutely. 6. The learned Tribunal in Para-14 of the impugned award has dealt with this issue in detail. It has been recorded that Respondent No.3 examined its Administrative Officer Smt. Anima Prakash Lakda(NA-3). She deposed that insurance policy No. 46060031190100009981(Ex.D-5/Ex.D-3) was issued in the name of appellant Atesh Kumar Sahi for the period from 13.03.2020 to 12.03.2021. She further stated that the premium amount of Rs.53,739/- was deposited in cash by the appellant on 12.03.2020 at 5:15 PM and receipt was issued. The proposal form (Ex.D-4-C) was also submitted by the appellant on 12.03.2020 at 5:15 PM. 7. From the aforesaid evidence and the documents on record, the Tribunal found that the risk under the policy commenced only from 13.03.2020. The accident took place 4 on 12.03.2020 at 12:30 PM, whereas the premium was received at 5:15 PM on the same day. No cover note was issued by the Insurance Company prior to the time of accident. In view of this, the Tribunal held that on the date and time of accident the offending vehicle was not covered under a valid and effective insurance policy and accordingly exonerated Respondent No.3/Insurance Company. 8. The finding in Para-14 is based on material evidence on record and does not suffer from any perversity. The contention of the learned counsel for the appellant that liability should be fastened on the Insurance Company is therefore not tenable. 9. Accordingly, the appeal filed by the appellant/owner Atesh Kumar Sahi being devoid of merit is hereby dismissed. Sd/- (Sanjay Kumar Jaiswal) Judge -Shubham