1 CGHC010078412023 2026:CGHC:42571 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 362 of 2023 1 - B. Ranamma @ B. Ravnamma W/o Late B. Surya Narayan, Aged About 40 Years, R/o Pragari Nagar, Charoda, Bhilai, Police Station Purani Bhilai, District Durg, Chhattisgarh. (Claimants). 2 - B. Jaya Praabha @ B. Jaya Prabha W/o Late B. Goreshwar Rao, Aged About 70 Years, R/o Pragari Nagar, Charoda, Bhilai, Police Station Purani Bhilai, District Durg, Chhattisgarh. (Claimants). ... Appellants versus 1 - Arun Thakur S/o Ram Kripal Thakur Aged About 32 Years R/o Lavkush Nagar, Ward No.13, Jamul, P.S. Jamul, District Durg, Chhattisgarh. (Driver Of Vehicle). 2 - Vikas Singh S/o Dinesh Singh R/o House No.69, Sector P/5, Street No.78, Vijay Nagar, Indore, Tahsil And District Indore , Chhattisgarh. (Owner Of Vehicle). 3 - Chola M.S. General Insurance Company Limited Through Branch Manager, Branch Office, Simran Tower, Pandari Road, In Front Of Lic Building, Raipur, Tahsil And District Durg, Chhattisgarh. (Insurance Company). ... Respondent(s) For Appellants : Mr. Praveen Dhurandhar, Advocate For Respondent No. 3 : Mr. Harshmandar Rastogi, Adv. Hon'ble Shri Justice Sanjay Kumar Jaiswal, J. Judgment on Board (30.09.2026) 1. This appeal under Section 173 of the Motor Vehicles Act, 1988, SOURABH PATEL Digitally signed by SOURABH PATEL Date: 2026.10.01 10:25:32 +0530 2 has been preferred by the appellants/claimants seeking a direction for pay and recovery of the amount of compensation, assailing the impugned award dated 23.12.2022 passed by the learned VI Additional Motor Accident Claims Tribunal, Durg (C.G.), in Motor Accident Claim Case No. 103/2021, whereby the learned Tribunal has awarded a total compensation of Rs. 13,07,380/- on account of the death of B. Surya Narayan, who succumbed to the injuries sustained in a motor vehicle accident that occurred on 14.01.2020. 2. Learned counsel appearing for the appellant/claimant would submit that, while deciding the issues arising in the case, the learned Claims Tribunal has come to the conclusion that the offending vehicle was being plied in breach of the terms and conditions of the insurance policy and that the driver was not having a valid and effective driving licence at the time of accident and as such the insurance company is not liable to pay the compensation. He further submits that, although there was a breach of the terms and conditions of the insurance policy, the offending vehicle was duly insured on the date of the accident. Therefore, an order of “pay and recover” may be passed. In support of his submissions, he has placed reliance on the judgment of the Hon’ble Supreme Court in the matter of Rama Bai Vs. Amit Minerals through Incharge Officer/ Competent Officer and Another.1 3. Learned counsel for respondent No.3/insurance company would submit that there is a breach of insurance policy, the Claims Tribunal after appreciating oral and documentary evidence available on record rightly fastened the liability upon owner and driver. Hence, the award passed by the Claims Tribunal is just and proper and requires no interference. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the records with utmost circumspection. 1 2025 SCC OnLine SC 2067 3 5. In the case at hand, it is true that the learned Claims Tribunal found a breach of the terms and conditions of the insurance policy, inasmuch as, at the time of the accident, the driver, Arun Thakur, did not possess a valid and effective driving licence to drive the offending vehicle. However, the learned Tribunal did not pass an order for “pay and recover”, as prayed for by the appellant/claimant before this Court. It is evident from the record that, on the date of the accident, the offending vehicle was covered by a valid insurance policy, which has been exhibited as Ex. D/1. In view of the foregoing, and applying the ratio of law laid down by the Hon’ble Supreme Court in Rama Bai (supra) and Manuara Khatun and Others v. Rajesh Kumar Singh and Others 2 , Respondent No. 3/Insurance Company is directed to first pay the amount of compensation awarded by the learned Claims Tribunal and thereafter recover the same from the owner and/or driver of the offending vehicle by filing an execution petition before the concerned Claims Tribunal. 6. In the result, the appeal is allowed with the aforesaid direction. 7. Records of the Tribunal along with a copy of this judgment be sent forthwith for compliance and necessary action, if any. Sd/- (Sanjay Kumar Jaiswal) Judge $ourabh 2 (2017) 4 SCC 796