1 CGHC010124352021 2026:CGHC:32072 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 249 of 2021 Divisional Manager New India Insurance (Correct Name As Assurance) Company Limited, Nearby Fafadih Chowk, Raipur, Tahsil And District Raipur (Chhattisgarh) ... Appellant versus 1 - Mansingh Dhruv S/o Madan Lal Dhruv Aged About 25 Years R/o Village Chowkbeda, Tahsil And District Mahasamund (Chhattisgarh) (Claimant) 2 - Jatindar Singh S/o Sohan Singh Saini Aged About 25 Years R/o LIG-630 Veer Sawarkar Nagar, Raipur, Tahsil And District Raipur (Chhattisgarh) (Driver-Cum-Owner) ... Respondent(s) For Appellant : Mr. Pankaj Agrawal, Advocate For Respondents : None Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Order on Board 27.07.2026 1. This appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the appellant–Insurance Company assailing the award dated 03.02.2021 passed by the Motor Accident Claims Tribunal, Dhamtari, in Claim Case No. 10/2019, whereby the Tribunal awarded a sum of BHOLA NATH KHATAI Digitally signed by BHOLA NATH KHATAI Date: 2026.07.29 12:19:38 +0530 2 Rs.16,23,185/- as compensation to the claimant for the injuries sustained in a motor accident that occurred on 08.04.2018. 2. While passing the impugned award, the Tribunal has fastened the liability of payment of compensation upon the Insurance Company. Aggrieved thereby, the present appeal has been filed. 3. Learned counsel for the appellant submits that the evidence of Vishal Rathod, the witness examined on behalf of the Insurance Company, establishes that the permit of the offending vehicle was not duly authorized on the date of the accident and was, therefore, invalid. It is contended that the vehicle was being plied in violation of the terms and conditions of the insurance policy, constituting a breach thereof. Consequently, the appellant–Insurance Company cannot be held liable to indemnify the insured, and the impugned award deserves to be set aside to that extent by exonerating the Insurance Company from its liability. 4. There is no representation on behalf of the respondents. 5. I have heard learned counsel for the appellant and perused the record with due care. 6. The evidence available on record reveals that the permit of the offending vehicle had been issued in the name of respondent No. 2, who is the driver-cum-owner of the vehicle, for the period from 04.03.2017 to 03.03.2019. The accident occurred on 08.04.2018, during the subsistence of the permit. It is also undisputed that the vehicle was duly insured on the date of the accident. 7. The sole contention advanced by the appellant is that the 3 permit had not been authorized and, therefore, the vehicle was being plied in contravention of the provisions of law and the terms of the insurance policy. The contention is devoid of merit. The vehicle in question was registered with the Transport Authority at Raipur and was being operated within the territorial limits of the State of Chhattisgarh. The accident also occurred within the State of Chhattisgarh. In such circumstances, no authorization of the permit was required for plying the vehicle within the State. Accordingly, the alleged absence of authorization cannot be treated as a breach of the insurance policy so as to absolve the insurer of its statutory liability. The submission advanced on behalf of the appellant is, therefore, rejected. 8. It is also pertinent to note that the claimant, Mansingh Dhruv, had preferred an appeal before this Court, registered as MAC No. 404 of 2021, seeking enhancement of the compensation awarded by the Tribunal. The said appeal has already been decided by order dated 12.09.2025, whereby the compensation awarded by the Tribunal has been enhanced. 9. In view of the foregoing discussion, this Court finds no infirmity in the finding recorded by the Tribunal fastening liability upon the appellant–Insurance Company. The appeal being devoid of merit is, accordingly, dismissed. 10. The records of the Tribunal, along with a copy of this order, be sent back forthwith for information, compliance, and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge Khatai