1 CGHC010017552020 2026:CGHC:34407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 240 of 2020 1 - Branch Manager, The Oriental Insurance Company Ltd. Address- Divisional Office, Dhamtari, District Dhamtari, Chhattisgarh, Through Its In- Charge, T.P. Hub, T.P. Hub Office, Oriental Insurance Co., Rama Trade Centre, 1st Floor, Opp. Rajiv Plaza, Near Bus Stand, Bilaspur, Chhattisgarh. ... Appellant(s) versus 1 - Value Engineering Company Regd. Office, 106 North Block, Indu Heights, Kaggadasapura, C.V. Raman Nagar, Bangalore-93, Through Authorised Signatory Mr. Sandeep Kumar Choudhary, Aged About 34 Years, S/o Shri Ashok Kumar Choudhary, Occupation- Service, Senior Servey Engineer, Value Engineering Company, Present Address- House No. 115 Chhattisgarh Housing Board, Boriyakala, Behind Saddani Darbar, Police Station Rajendra Nagar, District Raipur, Chhattisgarh, Permanent Address- 129, Aam Bihar Phase-5, Uttam Nagar, New Delhi. (Claimant) 2 - Kishore Kumar Vishwakarma S/o Shri Rameshwar Vishwakarma Aged About 29 Years R/o Bhothapara (Madamsilli), Dhamtari, Police Station Keregaon, District Dhamtari, Chhattisgarh. (Driver), District : Dhamtari, Chhattisgarh 3 - Dhanesh Kumar Nagwani S/o Late Kodamal Nagwani Aged About 37 Years R/o Bhothapara (Madamsilli), Dhamtari, Police Station Keregaon, District Dhamtari, Chhattisgarh. (Owner), District : Dhamtari, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Akash Shrivastava, Advocate For Respondent(s) : None Hon’ble Shri Sanjay K. Agrawal, Judge Order on Board 06.08.2026 1. The insurance company has preferred present appeal under Section under Section 173 of the Motor Vehicles Act, 1988 (for short “Act of 1988”) against the impugned award dated 04.08.2018 in Claim Case No. 250/2017 passed by the Additional Motor Accident Claims Tribunal, Raipur, Chhattisgarh (for brevity “AMACT”). The appellant–Insurance Digitally signed by JYOTI JHA Date: 2026.08.06 17:19:22 +0530 2 Company has preferred the present appeal seeking exoneration from its liability. 2. Learned counsel for the appellant submits that the learned Claims Tribunal has erred in fastening liability upon the Insurance Company beyond the statutory limit of Rs. 6,000/- towards Third Party Property Damage (TPPD). He further submits that the offending vehicle did not possess a valid fitness certificate on the date of the accident, constituting a breach of the policy conditions. Therefore, the appellant is liable to be exonerated from its liability. 3. None for the respondent/s. 4. I have heard learned counsel for the appellant and perused the records. 5. A careful perusal of the record would show that although the Insurance Company has taken the plea that the offending vehicle did not possess a valid fitness certificate/permit and that there was a breach of the policy conditions, no evidence has been led to establish the same. In the absence of any cogent evidence, the learned Claims Tribunal was fully justified in fastening the liability upon the Insurance Company. Accordingly, the contention raised by the appellant that the offending vehicle did not have a valid and effective fitness certificate/permit, and therefore the Insurance Company deserves to be exonerated, cannot be accepted. 6. Accordingly, the present appeal being devoid of merits is hereby dismissed. The impugned award passed by the learned Claims Tribunal is affirmed. Sd/- (Sanjay K. Agrawal) Judge Jyoti