1 CGHC010281202026 2026:CGHC:33185 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 225 of 2026 1 - Smt. Anita Bai W/o Late Shyamlal Bargah Aged About 40 Years R/o Village - Piparsatti, Police Station And Tahsil - Akaltara, District - Janjgir- Champa (Chhattisgarh) 2 - Kumari Shivani Singh D/o Late Shyamlal Bargah, Aged About 23 Years R/o Village - Piparsatti, Police Station And Tahsil - Akaltara, District - Janjgir-Champa (Chhattisgarh) 3 - Shivam Singh S/o Late Shyamlal Bargah Aged About 21 Years R/o Village - Piparsatti, Police Station And Tahsil - Akaltara, District - Janjgir- Champa (Chhattisgarh) 4 - Sunderam Singh S/o Late Shyamlal Bargah Aged About 18 Years R/o Village - Piparsatti, Police Station And Tahsil - Akaltara, District - Janjgir-Champa (Chhattisgarh) ... Petitioner(s) versus 1 - Vinod S/o Shyamlal Kenwat Aged About 26 Years R/o Khekhsahi, Kenwatpara, Police Station-Chakarbhatha, District - Bilaspur (Chhattisgarh) (Vehicle Driver) 2 - Devcharan S/o Lachchhiram Kenwat R/o House No. 17, Kenwatpara, Sardha Senwar, Police Station- Chakarbhatha, District- Bilaspur (Chhattisgarh) (Vehicle Owner) HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.08.03 12:34:54 +0530 2 3 - Bajaj Allianz General Insurance Company Limited, Through The Branch Manager, Branch Office- Third Floor, Gurukripa Tower Behind I.C.I.C.I. Bank, Vyapar Vihar, Tahsil And District - Bilaspur (Chhattisgarh) (Insurer) ... Respondent(s) For Petitioner(s) : Ms. Pranoti Das on behalf of Mr. Goutam Khetrapal, Advocates For Respondent No. 3 : Mr. Raj Awasthi, Advocate SB – Hon’ble Shri Justice Sanjay K. Agrawal Order on Board 31/07/2026 1. This review petition has been filed by the petitioners for review/modification of the judgment dated 14/10/2025 passed by this Court in MAC No. 832/2022 on the ground that learned Claims Tribunal has exonerated respondent No. 3 (Insurance Company) from the liability of payment of compensation to the claimants holding that the Driver of the offending vehicle did not have valid and effective driving license and therefore, in light of the decision rendered by the Supreme Court in the matter of National Insurance Co. Ltd. v. Swaran Singh and Others1, the principle of pay and recover be applied in the instant case. 2. Learned counsel for respondent No. 3 has no objection. 3. Heard learned counsel for the parties and perused the impugned judgment. 1 (2004) 3 SCC 297 3 4. Since learned Claims Tribunal has recorded a categorical finding that Driver of the offending vehicle did not have valid and effective driving license on the date of the accident, in view of the decision rendered by the Supreme Court in the matter of Swaran Singh (supra), the impugned judgment is modified and it is hereby directed that the respondent No. 3 (Insurance Company) would firstly pay the compensation amount to the claimants and thereafter, recover it from the owner and driver of the vehicle. 5. Accordingly, this review petition is allowed and the impugned judgment is modified to the extent indicated herein-above. Let this order be made a part of the judgment dated 14/10/2025 passed by this Court in MAC No. 832/2022. Sd/- (Sanjay K. Agrawal) JUDGE Harneet