NIRMALA RAO

2026:CGHC:3536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 337 of 2023

1 - Santosh Kumar S/o Vasudev Prasad Jaiswal Aged About 41 Years R/o Village Khadgawankala, Police Station Pratappur, District Surajpur (C.G.) (Vehicle Owner)

... Petitioner(s)

versus

1 - Abdul Hamid Sheikh S/o Mohd. Farid Aged About 39 Years (Father Of Deceased) R/o Village Amandon, Police Station And Tahsil Pratappur, District Surajpur (C.G.) 2 - Hamidun Nisha Sheikh W/o Abdul Hamid Sheikh Aged About 35 Years (Mother Of Deceased) W/o Abdul Hamid Sheikh, R/o Village Amandon, Police Station And Tahsil Pratappur, District Surajpur (C.G.) 3 - Nandlal Prajapati S/o Sudama Prajapati Aged About 27 Years (Vehicle Driver) R/o Village Khadgawankala, Police Station Pratappur, District Surajpur (C.G.) 4 - Branch Manager The Oriental Insurance Company Limited (Insurance Company), Branch Office, Manendragarh Road, Ambikapur, District Surguja (C.G.)

... Respondent(s)

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For Appellant : Shri Harish Khuntiya, Advocate.

For Respondent No.4 : Shri T.K. Tiwari, Advocate.

Hon'ble Shri Justice Rakesh Mohan Pandey

Order on Board

21.01.2026

1. The appellant/ owner of the vehicle has filed this appeal under Section

173 of the Motor Vehicles Act assailing the award passed by the learned Additional Motor Accident Claims Tribunal, Pratappur, District Surajpur in Claim Case No.23 of 2020 dated 30.11.2022 whereby the learned Tribunal has granted compensation to the tune of Rs.9,97,200/- with interest @6% per annum and fastened the liability with the owner and driver of the vehicle and directed the Insurance Company to satisfy the award first and recover it from the owner and driver of the vehicle.

2. The facts, in brief, are that on 11.12.2019, deceased Mohd. Sabit was returning home on a motorcycle alongwith his friend Firoz. At around 7.15 pm, the driver of the offending vehicle Pick-up bearing registration No.C.G.15 DB 0813 by driving it rashly and negligently dashed the motorcycle, resultantly, Mohd. Sabit sustained injuries and succumbed to death. The claimants, who are parents of the deceased filed a claim case under Section 166 of the Motor Vehicles Act wherein they pleaded that at the time of the accident, the age of the deceased was 19 years and earning Rs.10,000/- per month. The owner and driver of the vehicle filed their reply to the claim petition and pleaded that the vehicle was insured with the Insurance Company and that the driver had valid and effective driving license. The Insurance Company also filed its reply and it was pleaded that on the date of accident, the driver of the offending vehicle did not have a valid and effective driving license and vehicle was being plied in absence of valid fitness certificate. Learned Tribunal framed issues, parties led their evidence, and thereafter an award was passed.

3. Learned counsel for the appellant would submit that the Insurance Company failed to prove the fact that the offending vehicle was being plied in absence of valid driving license. He would contend that no witness was examined by the Insurance Company to prove this fact. He would contend that the deceased himself was negligent and the learned Tribunal failed to frame issue with regard to contributory negligence. He would submit that as the vehicle was insured with respondent No.4/ Insurance Company, the learned Tribunal should have fastened the liability with the Insurance Company. He would pray to allow this appeal.

4. On the other hand, learned counsel for respondent No.4 would submit that the offending vehicle was being plied in absence of valid fitness certificate and therefore, the learned Tribunal has rightly fastened the liability with the owner and driver of the vehicle. He would submit that no plea with regard to contributory negligenc