HIGH CQURT QP CHHATTISGARH AT BILASPUR MA._No, 573 of 2004 AppeBant United India Insuraace Company Limited near Rain Maadir Nagar Ainbikapiir, Tahsil- Anibikapiir, District-Sarguja (C.G.). Versus Respondents 1. Ram lAkhan Shrivastava, son ofS.B. Lal, aged 61. years, 2. Smt. Kalawati wife of Ramlakhaa Shrivastava, aged 58 years. Bofh are resident ofward No.2 (Indira Ward) near Mission Chowk, N^ar Ainbikapur, Tahsil- Ambikapur, District-Surguja (C.G.). 3. Ranvijay Singh Toiaar, son of Late Chandrika Singh Toinar, aged about 45 years, resideatofRaiuauuj, Ward Tahsil- Arubjkapiir, District- Siirguja (C.G.). 4. Samar Vijay Singh Toiaar, son of Ranvijay Siagh Toinar, aged about 21 years, resident of Ramanuj Ward, Tahsfl Ambikapiu-, District- Surguja(C.G.) At present - residing as prisoner in Central Jail, Bilaspur, District- Bflaspur, fhrough The supertatendent Central Jail, Bilaspur (C.G.). DB: Honlile Shri Justice S. R. Nayak, C.J. & Hon'bfc Shri Justice Satish K. Agruliotri, J. Mr. H. B. Agarwal, Senior Advocate wifh. Miss Sbipra Biswas, Advocate, for the appeUant. PRALQRDER ( 7fh December 20D5) The foBowing opler offhe Courtwas passed by S. R. Nayak, C.J. In ttus appeal preferred by the Insurance Coinpaay, it is contended fhat the Insuraace Conipany is not liable to/pay coinpensation aad fhe Uability to pay coinpensation should liave been fastened on the owner of tlie laotor vehicle, because, on fhe date of accident fhe 9.. driver of fhe niotor vehicte involved in fhe accident did not have valid and effective driviag licence to drive the laotor vehicle involved in. fhe accident. Although such a plea was taken by fhe Insurance Coinpany in its written statement ffled before the M.A.C.T., adniittedly, fhe lusuraace Couipany did not lead any evidence to establish. that on the date of accident fhe driver of the motor vehicle iavolved in fh.e accident did not Iiave vaUd aad effective driving licence. Therefore, fhe Insurance Compaay cannot avoid the liability to pay coiiLpensation ui view of the setfled position in Law. In the result, fhe appeal is dismissed, however, no order as to costs. C!i Sd/- iiiefJustice Sd/- SatisiiK.Agnihotri Judge