Digitally signed by NADIM MOHLE

2026:CGHC:1990 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MAC No. 171 of 2020

1 - Tirath Deshmukh S/o Late Khem Lal Aged About 27 Years R/o Village Birejhar, Chowki Anjora , Police Station Pulgaon, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 2 - Sanjay Kumar Deshmukh S/o Late Khem Lal Aged About 31 Years R/o Village Birejhar , Chowki Anjora, Police Station Pulgaon, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh 3 - Romendra Kumar Deshmukh S/o Late Khem Lal Aged About 37 Years R/o Village Birejhar, Chowki Anjora , Police Station , Pulgaon, Tahsil And District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Appellants versus

1 - Balram Tandan S/o Dev Singh Tandan Aged About 30 Years R/o Sikola Basti Ward No. 16, Mohan Nagar , Durg , District Durg Chhattisgarh.(Driver And Owner Of Offending Vehicle Cg-07, B. M. 5871), District : Durg, Chhattisgarh

2 - The New India Insurance Company Limited Through Branch Manager , Branch Office, Parakh Bhawan, Station Road, Durg, District Durg Chhattisgarh..

(Insurer Of Offending Vehicle Cg-07, B.M. 5871), District : Durg, Chhattisgarh ... Respondent(s)

For Appellants : Mr. Praveen K. Dhurandhar, Advocate For Respondent : None though served.

No.1 For Respondent : Mr. Sudhir Agrawal, Advocate along with Mr.

No.2 Shashank Agrawal and Ms. Prerana Agrawal, No.2/Insurance Company Advocates Hon’ble Shri Justice Rakesh Mohan Pandey Judgment on Board

13/01/2026

1. The claimants have filed this appeal assailing the award passed by the learned IInd Additional Motor Accident Claims Tribunal to the I st Additional Motor Accident Claims Tribunal, Durg, passed in Claim Case No. 102/2019 dated 04.10.2019, whereby the learned Tribunal granted compensation to the tune of Rs. 6,86,044/- with interest @ 7% per annum and fastened liability upon the driver-cum-owner of the offending vehicle.

2. The facts, in brief, are that on 27.10.2018 at around 7.30 p.m., the deceased Khemlal was dashed by the rider of the motorcycle bearing registration No. CG-7-BM-5871. Resultantly, he sustained injuries and succumbed to the same. The claim case was filed by the major sons of the deceased under Section 166 of the Motor Vehicles Act, 1988, wherein they pleaded that at the time of accident, the age of the deceased was 55 years and he was earning Rs. 8,000/- per month. The owner as well as the Insurance Company filed their replies and denied the averments made in the claim petition. The Insurance Company took a specific plea that the rider of the offending motorcycle did not have a valid and effective driving licence on the date of the accident.

3. The learned Tribunal framed issues, the parties led evidence, and thereafter the award was passed. The learned Tribunal recorded a specific finding that the driver-cum-owner of the offending motorcycle did not possess a driving licence on the date of the accident and, thus, the liability was fastened upon respondent No. 1/the owner of the offending vehicle.

4. Mr. Praveen K. Dhurandhar, learned counsel appearing for the appellants would submit that the offending vehicle was insured with the Insurance Company, but the driver-cum-owner of the offending vehicle did not have a valid driving licence, therefore, Insurance Company has been exonerated and the liability has been fastened upon the driver-cum-owner of the offending motorcycle. He has placed reliance on the judgments passed by the Hon’ble Supreme Court in the matters of National Insurance Co. Ltd. v. Swaran Singh (2004) 3 SCC 297; Shamanna v. Divisional Manager, Oriental Insurance Company Limited, (2018) 9 SCC 650; Jawahar Singh v. Bala Jain (2011) 6 SCC 425, & Parminder Singh v. New India Assurance Company Limited (2019) 7 SCC 217.

5. He would further submit that the learned Tribunal ought to have directed the Insurance Company to satisfy the award first and thereafter recover the same from the driver and owner of the offending vehicle.

6. Mr. Dhurandhar woul