The Oriental Insurance Company Limited vs Chameli 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)

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)................(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)

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

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)

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

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

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

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