Chattisgarh High Court
The Oriental Insurance Company Limited vs Parwati Thakur on 24 March, 2026
1
Digitally
signed by
ABHIGYA
2026:CGHC:13991
ABHIGYA SAXENA
SAXENA Date:
2026.03.25
16:46:31
+0530
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
MAC No. 1596 of 2019
1 - The Oriental Insurance Company Limited Through Branch
Manager, Avenue Hotel, Jagdalpur, District Bastar
Chhattisgarh.(Insurer Of Offending Bus Bearing Registration No.
C.G. 17 F 0314), District : Bastar(Jagdalpur), Chhattisgarh
--- Appellant(s)
versus
1 - Sakru Ram Thakur S/o Sonaram Thakur, Aged About 40
Years R/o Anjar, Lohandiguda, District Bastar Chhattisgarh.,
District : Bastar(Jagdalpur), Chhattisgarh
2 - Sudar Kashyap S/o Samaru Kashyap R/o Village Anjar
Kosapara, Police Station Mardum, District Bastar Chhattisgarh (
Driver Of Offiending Bus Bearing Registration No. C. G. (Driver
Of Offending Bus Bearing Reigistration No. C.G., 17- F- 0314),
District : Bastar(Jagdalpur), Chhattisgarh
3 - Satyendra Singh Kushwah S/o Narsingh Kushwah Kushwah
Travels Shanti Nagar, Ward No. 26, Jagdalpur, District Bastar
Chhattisgarh., District : Bastar(Jagdalpur), Chhattisgarh
--- Respondent(s)
MAC No. 1595 of 2019
1 - The Oriental Insurance Company Limited Through Branch Manager, Avenue Hotel, Jagdalpur, District- Bastar, Chhattisgarh................(Insurer Of Offending Bus Bearing 2 Registration No. C.G.-17-F-0314)................(Non-Applicant No.3), District : Bastar(Jagdalpur), Chhattisgarh
--- Appellant(s) Versus 1 - Diwakar Thakur S/o Jaindhar Thakur Aged About 35 Years R/o Kotiyaguda, Pujaripara, Lohandiguda, District- Bastar, Chhattisgarh.............(Claimant), District : Bastar(Jagdalpur), Chhattisgarh 2 - Sudar Kashyap S/o Somaru Kashyap Aged About 35 Years R/o Village Anjar Kosapara, Police Station Mardum, District- Bastar, Chhattisgarh...............(Driver Of Offending Bus Bearing Registration No. C.G.-17-F-0314)................(Non-Applicant No.1), District : Bastar(Jagdalpur), Chhattisgarh 3 - Satyendra Singh Kushwah S/o Narsingh Kushwah Kushwah Travels, Shanti Nagar Ward No. 26, Jagdalpur District- Bastar, Chhattisgarh...............(Owner Of Offending Bus Bearing Registration No. C.G.-17-F-0314)................(Non-Applicant No.2), District : Bastar(Jagdalpur), Chhattisgarh
--- Respondent(s) MAC No. 1598 of 2019 1 - The Oriental Insurance Company Limited Through Branch Manager, Avenue Hotel, Jagdalpur, District Bastar Chhattisgarh (Insurer Of Offending Bus Bearing Registrations No. C.G.-17-F- 0314), District : Bastar(Jagdalpur), Chhattisgarh
--- Appellant(s) Versus 1 - Chameli Thakur W/o - Sukman Thakur Aged About 45 Years R/o - Schoolpara, Chhindgaon, Kumhli, Lohandiguda, District Baster Chhattisgarh (Claimant), District : Bastar(Jagdalpur), Chhattisgarh 3 2 - Sundar Kashyap S/o - Somaru Kashyap Aged About 35 Years R/o - Village Anjar Kosapara, Police Station Mardum, District Baster Chhattisgarh (Driver Of Offending Bus Bearing Registrations No. C.G.-17-F-0314), District : Bastar(Jagdalpur), Chhattisgarh 3 - Satyendra Singh Kushwah S/o - Narsingh Kushwah, Kushwah Travels, Shanti Nagar Ward No. 26, Jagdalpur District Baster Chhattisgarh (Owner Of Offending Bus Bearing Registration No. C.G.-17-F-0314), District : Bastar(Jagdalpur), Chhattisgarh
--- Respondent(s) MAC No. 1599 of 2019 1 - The Oriental Insurance Company Limited Through Branch Manager, Avenue Hotel, Jagdalpur, District Baster Chhattisgarh (Insurer Of Offending Bus Bearing Registrations On C.G.-17-F- 0314), District : Bastar(Jagdalpur), Chhattisgarh
--- Appellant(s) Versus 1 - Parwati Thakur W/o - Diwakar Thakur Aged About 30 Years R/o - Kotiyaguda, Pujaripara Lohandigud, District Baster Chhattisgarh, District : Bastar(Jagdalpur), Chhattisgarh 2 - Sundar Kashyap S/o - Somaru Kashyap Aged About 35 Years R/o - Village Anjar Kosapara, Police Station Mardum, District Baster Chhattisgarh (Driver Of Offending Bus Bearing Registrations On C.G.-17-F-0314), District : Bastar(Jagdalpur), Chhattisgarh 3 - Satyendra Singh Kushwah S/o - Narsingh Kushwah, Kushwah Travels, Shanti Nagar Ward No.26, Jagdalpur District 4 Bastar Chhattisgarh (Owner Of Offending Bus Bearing Registration No. C.G.-17-F-0314), District : Bastar(Jagdalpur), Chhattisgarh
--- Respondent(s) For Appellant/Insurance : Mr. Anil Gulati, Advocate Company Mr. Praveen Kumar Dhurandhar, For Driver & Owner :
Advocate SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 24.03.2026
1. Heard On. I.A. No.01 - applications for condonation of delay in filing the appeals being MAC No.1595/2019, MAC No.1598/2019 & MAC No.1599/2019.
2. Upon due consideration and for the reasons assigned in the applications, the same are allowed.
3. Delay in filing these appeals are hereby condoned.
4. Since common question of facts is involved in these appeals, therefore, they have been clubbed together, heard together and are being decided by this common order.
5. The facts of the case, in brief, are that on 6 th of February, 2017, Smt. Chameli Thakur, Sakru Ram Thakur, Smt. Parvati Thakur, and Diwakar Thakur departed from village 5 Usribeda in a bus bearing registration No. CG 17 F 0314 to attend a wedding procession. During the return journey, near Turgura Lohra Para, the said bus, being driven by Respondent No. 2 in a rash and negligent manner, overturned, resulting in the claimants sustaining grievous injuries. In particular, one of the claimants, namely, Sakru Ram Thakur suffered severe injuries on his left arm and shoulder, leading to permanent disability. Respondent No. 3 is the registered owner of the offending vehicle, while the Appellant is the insurer of the said vehicle.
6. Learned counsel for the appellants submits that the driver of the offending vehicle did not possess the requisite endorsement on his driving licence to operate a public service vehicle (PSVBUS) at the time of accident, which occurred on 06.02.2017. It is further contended that the endorsement authorizing the driver to operate a transport vehicle was renewed on 13.04.2017 and was valid up to 12.04.2020 as per the testimony of Pratap Singh Rajput (PW-01), Assitant Grade III from the RTO Office, Jagdalpur, District Bastar, Chhattisgarh.
7. Per contra, learned counsel appearing for the owner and the driver submits that Exhibit D-3 clearly shows that the 6 requisite endorsement for operating a PSVBUS had already been issued on 10.02.2016 and remained valid for transport purpose upto 12.04.2020. It is further submitted that the Insurance Company has failed to disprove the authenticity and validity of the said endorsement.
Accordingly, it is submitted that the liability to pay compensation has rightly been fastened upon the Insurance Company.
8. I have heard the learned counsel appearing for the parties and have carefully considered the submissions advanced on behalf of both the parties.
9. Admittedly, the offending vehicle was a Public Service Vehicle (PSV), for which an endorsement of PSVBUS was required on the driving licence of the driver. According to the witness examined on behalf of the Insurance Company, namely Pratap Singh Rajput, the requisite endorsement was valid up to 12.09.2019 and was thereafter renewed on 13.04.2017, with validity up to 12.04.2020. It is the contention of the Insurance Company that on the date of the accident the driver did not possess the requisite endorsement. However, Exhibit D-03 clearly establishes that the driver of the offending vehicle 7 possessed a valid endorsement to drive a PSVBUS for the period from 10.02.2016 to 12.04.2020, authorizing him to operate a Public Service Vehicle. The said document has been duly proved by the owner of the vehicle i.e. respondent No.3, namely, Satyendra Singh Kushwaha.
Furthermore, no cross-examination has been made by the Insurance Company to discredit the said document, nor has it been suggested that the driving licence was renewed subsequent to the date of the accident.
10. In view of the above, Exhibit D-3 clearly indicates that the driver of the offending vehicle was holding a valid and effective driving licence, with the requisite endorsement of PSVBUS, on the date of the accident. Accordingly, the finding recorded by the learned Claims Tribunal that the driver possessed a valid driving licence to operate a Public Service Vehicle is a correct finding of fact and warrants no interference of this Court, therefore, I do not find any merit in the present appeals and they are accordingly, dismissed. No cost(s).
s Sd/- Sd/-
(Sanjay K. Agrawal) Judge Saxena