NAFR HIGH COURT OF CHHATTISGARH, BILASPUR MAC No. 2050 of 2023 • The New India Assurance Company Limited Through Its Divisional Manager, Divisional Oice- Chauhan Plaza, Near Chandra Mourya Talkies, G. E. Road, Supela, Bhilai, Tah. And Dist. Durg, Chhattisgarh.

---- Petitioner Versus

1. Tameshwari @ Tamesh Wd/o Late Dharmendra Kumar Balkishor, Aged 31 Years

2. Mukesh Kumar Balkishor S/o Late Dharmendra Kumar Balkishor, Aged 14 Years

3. Kumari Pooja Balkishor D/o Late Dharmendra Kumar Balkishor, Aged 11 Years Respondent No.2 & 3 are Minor Through Their Mother-Tameshwari @

Tamesh Bai All are R/o Village- Mudpar, P.S.- Utai, District- Durg, Chhattisgarh.

4. Gautamchand Markande S/o Ayodhya Prasad, Aged 27 Years R/o Satnamipara, Ward No. 7, Village- Chunkatta, P.S. - Utai, Tahsil And Distt.

Durg, Chhattisgarh. (Driver)

5. Chitrasen Sikka S/o Purushottam Sikka, Aged 42 Years R/o Near Mohan Kirana Shop, Near Bridge, Ramnagar, Dundera, Tah. And Distt. Durg Chhattisgarh (Owner)

6. G. B. Bandhe S/o D.B. Bandhe R/o Quarter No. 14/ C, Street Avenu B, Sector-2 Bhilai, Tah. And Distt. Durg, Chhattisgarh (Insured Person)

---- Respondent ……………………………………………………………………………………………………………………………………………………..………………………………………………

For Appellant Mr. Dashrath Gupta, Advocate For Respondents/claimants Mr. PR Patankar, Advocate Respondent No.5 Mr. Dashrath Prajapati, Advocate ………………………………………………………………………………………………………………………………………………………………………………………………………

SB.: Hon'ble Mr. Justice Deepak Kumar Tiwari

Order On Board

24/6/2024

1. This appeal has been preferred by the appellant/Insurance Company challenging the award dated 8.8.2023 passed in Motor Accident Claim Case No.267/2021 by the Second Additional Motor Accident Claims Tribunal, Durg (CG), whereby, compensation has been granted in favour of the respondents/claimants 1 to 3 to the tune of Rs.17,79,400/- with simple interest @ 9% per annum from the date of iling of the claim petition i.e. 1.4.2021 till realisation of the compensation amount. It was further directed that the Appellant/Insurance Company shall irst pay the said compensation amount to the claimants and thereafter, recover the awarded sum from the owner and driver of the ofending vehicle.

2. Brief facts of the case are that on 14.2.2021, deceased Dharmendra Kumar Balkishore was driving his motorcycle bearing registration No.CG07 AV 3711 from his village Mudpar and going towards Newai and when he reached near Chunkatta Bazar Chowk, respondent No.4, who was driving his motorcycle bearing registration No.CG-07-L-3322, in a rash and negligent manner, caused an accident, on account of which, the deceased sustained injuries and died during treatment. The claim petition was iled by the legal representatives of deceased Dharmendra Kumar Balkishore, who are his wife, son and daughter. Learned Claims Tribunal allowed the claim petition in favour of the claimants and passed the impugned order. Hence, this Appeal.

3. Learned counsel for the appellant would submit that though the Tribunal has exonerated the Appellant/Insurance Company but has wrongly passed the order for pay and recovery. He would further submit that at the relevant time, the subject vehicle did not have the valid registration, therefore, such directions could not be passed . He would further submit that the Claims Tribunal has held that at the time of driving of the ofending vehicle, the driver was also not possessing the driving license. However, he would not dispute the quantum of compensation awarded to the claimants.

4. On the other hand, learned counsel for the claimants would submit that the appellant has not disputed that the deceased was a third party and the principle of ‘pay and recover’ has been applied in a catena of judgments, therefore, the Claims Tribunal has rightly issued the direction that the Insurance Company shall irstly pay the compensation amount awarded in favour of the claimants and then, recover the said amount from respondents 4 & 5. He would further submit that there is no illegality in the