Authority: High Court of Chhattisgarh at Bilaspur
Order Date: 04.08.2026
Case Overview
- Appeal (MAC No. 1648 of 2019) filed by appellant Prakash Chand Pagariya, owner of Tractor No. C.G. 04‑DA‑4764, under Section 173 of the Motor Vehicles Act, 1988, challenging the award dated 02.04.2019 of the 5th Additional Motor Accident Claims Tribunal, Raipur (Claim Case No. 14/2013).
- The Tribunal had allowed the claimants’ application and awarded ₹5,04,500 plus interest for the death of Krishna Kumar Yadav, the driver, fastening liability on the vehicle owner.
- Claimants: Motiram Yadav, Neera Bai (deceased), Anita Yadav, all residents of Village Charoda, Gariyaband, Chhattisgarh.
- Respondent No. 4: United India Insurance Company Limited, insurer of the offending vehicle.
- Appellant argued that the driver did not possess a valid driving licence; therefore, liability should rest with the insurer, not the owner.
- The Tribunal recorded that the driver indeed lacked a valid licence and found no evidence from the owner to the contrary, but it did not apply the Supreme Court’s “pay‑and‑recover” principle (National Insurance Co. Ltd. v. Swaran Singh, (2004) 3 SCC 297).
- The Court, after hearing counsel Mr. Sangeet Kumar Kushwaha (for appellant) and Mr. R.N. Pusty (for insurer), held that the Tribunal’s finding on licence was correct and not perverse.
Final Outcome
- The appeal is dismissed.
- The award is modified: United India Insurance Company Limited is directed to pay the compensation of ₹5,04,500 (plus interest) to the claimants.
- The insurer is entitled to recover the same amount from the vehicle owner, Prakash Chand Pagariya, in accordance with the pay‑and‑recover principle.
- No costs are awarded.
- A copy of the judgment is to be sent to the concerned Presiding Officer for necessary information.
Topics: Motor Accident Compensation, Insurance Pay‑and‑Recover