1 CGHC010191882019 2026:CGHC:31671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 1068 of 2019 1 - United India Insurance Company Limited, By Branch Manager, Branch Office, Tara Complex, Power House, G.E. Road, Bhilai, Tehsil And District Durg Chhattisgarh. Through Authorised Signatory, Divisional Manager, Divisional Office, United India Insurance Company Limited, 2nd Floor Guru Kripa Towers Vyapar Vihar Road Bilaspur Tehsil And District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Appellant Versus 1 - Manoj Kumar Soni S/o Late Lambhuram @ Lakhuram Soni, Aged About 42 Years R/o Shanti Nagar, Bhilai - 3, Police Station Bhilai - 3, Tehsil Patan, District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Gopal Prasad Soni S/o Late Lambhuram @ Lakhuram Soni, Aged About 38 Years R/o Math Para Durg, Police Station Kotwali, Durg, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Daljit Singh S/o Bal Singh, C/o Hyderabad Gujrat Road Lines, Tatibandh Raipur, Tehsil And District Raipur Chhattisgarh, And M.G. Market, Power House Bhilai, Tehsil And District Durg Chhattisgarh. ( Owner ), District : Durg, Chhattisgarh 4 - Ashok Kumar Soni, S/o Late Lambhuram @ Lakhram Soni, R/o Sardapara, Camp - 1, Near Santoshi Mandir, Tehsil And District Durg Chhattisgarh. ( N.A. No. 3), District : Durg, Chhattisgarh 5 - Gopi Soni, S/o Late Lambhuram @ Lakhuram Soni, R/o Village - Umda, Police Station Bhilai - 3, Tehsil And District Durg Chhattisgarh. ( N.A. No. 4), District : Durg, Chhattisgarh 2 ... Respondents For Petitioner : Mr. Abhishek Mishra, Advocate on behalf of Mr. B.N. Nande, Advocate For Respondent : Mr. Praveen Dhurandhar, Advocate S.B.: Hon'ble Shri Sanjay K. Agrawal, Judge Judgment On Board 24/07/2026 1. Appellant/Insurance Company has filed this appeal challenging the liability fastened upon it to pay the amount of compensation of Rs. 5,00,000/- awarded by the learned First Additional Tribunal to First Upper Motor Accident Claims Tribunal, Durg, District – Durg (for short ‘the Claims Tribunal’) vide award dated 05.04.2019 in Claim Case No. 172/2016 (Annexure A/1). 2. Learned counsel for the appellant/Insurance Company submits that on the date of incident, the driver of the offending vehicle i.e. Truck bearing registration no. CG 04 J.B. 6184 was not possessing valid and effective driving license for driving the offending vehicle. Therefore, the Insurance Company is not liable to pay any amount of compensation to the Respondent/Claimant and the Insurance Company be exonerated from the liability to pay the amount of compensation as awarded by the learned Claims Tribunal vide impugned award dated 05.04.2019. 3. On the other hand, learned counsel for the Respondent/Claimant submits that did not lead any evidence to substantiate the fact that driver of the offending vehicle was not possessing a valid and effective driving license on the date of incident to drive the said heavy goods vehicle and therefore, the learned Claims Tribunal did not erred in law in passing the impugned award dated 05.04.2019. 4. I have heard learned counsel for the parties and perused record of the claim case. 3 5. A careful perusal of the appeal filed by the Appellant/Insurance Company would show that though the appellant raised his contention that the driver of the offending vehicle did not have a valid and effective driving license on the date of incident. However, the witness i.e. Abdul Naeem Khan NA.W. - 1 had made statement before the Claims Tribunal that he was not having the valid and effective driving license on the date of incident, but he has also made this statement only on the basis that he has not received any driving license from his office. As such, the RTO Officers ought to have been examined to establish the plea that the driver on the date of incident, did not have valid and effective driving license for driving the offending heavy goods vehicle. 6. In view of the above, the learned Claims Tribunal has rightly came to the conclusion that the Appellant/Insurance Company failed to establish the fact that driver did not possess the valid and effective driving license on the date of incident and rightly fastened liability upon the Appellant/Insurance Company to pay the amount of compensation to the Claimant/Respondent. 7. For the foregoing discussions, I do not find any merit in this appeal. Accordingly, it is liable to be and is hereby dismissed. Sd/--/-/--------/--/- (Sanjay K. Agrawal) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY