Ashok Kumar Vs the Oriental Insurance Co. Ltd.

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Digitally signed by GOPAL SINGH Date: 2026.06.19 15:51:51 +0530

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2026:CGHC:24373

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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REVP No. 149 of 2026

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1 - Ashok Kumar S/o Late Bhimlal Yadav Aged About 57 Years R/o Kota, Post Office And Police Station Newra District Raipur Chhattisgarh. (Driver Of Offending Vehicle Truck Bearing No. C.G. 04- J.A. 3842), District Raipur, Chhattisgarh

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2 - Mahendra Kumar Jain S/o Late Dhannalal Jain Aged About 78 Years Through Vidyashri Rice Mill, Ghulghal, Post Office And Police Station Newra, District Raipur Chhattisgarh., District Raipur, Chhattisgarh

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... Petitioners

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versus

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1 - The Oriental Insurance Co. Ltd. Through Divisional Manager (Division No. 1 ), The Oriental Insurance Company Limited, Jail Road, Raipur, District Raipur Chhatisgarh.(Insurer Of Offending Vehicle Truck Bearing No. C.G. 04-J.A. -3842), District Raipur, Chhattisgarh

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2 - Punit Ram S/o Deendayal Sahu Aged About 60 Years R/o Newra, Post Office And Police Station Newra, District Raipur Chhattisgarh., District Raipur, Chhattisgarh

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3 - Malti W/o Punit Ram Sahu Aged About 55 Years R/o Village Sarwani, Tehsil And Police Station Kharsiya District Raigarh Chhattisgarh., District Raigarh, Chhattisgarh

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2

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4 - Chetan S/o Late Kanhaiya Sahu Aged About 13 Years Minor Through Natural Gaurdian Garandfather Punitram Sahu R/o Village Sarwani, Tehsil And Police Station Kharsiya District Raigarh Chhattisgarh., District Raigarh, Chhattisgarh

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5 - Rupendra S/o Late Kanhaiya Aged About 9 Years Minor Through Natural Gaurdian Garandfather Punitram Sahu R/o Village Sarwani, Tehsil And Police Station Kharsiya District Raigarh Chhattisgarh., District Raigarh, Chhattisgarh

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6 - Sahdev S/o Punitram Sahu Aged About 22 Years R/o Village Sarwani, Tehsil And Police Station Kharsiya District Raigarh Chhattisgarh., District Raigarh, Chhattisgarh

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... Respondents

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For Petitioners : Shri B.P. Rao, Advocate For Respondent No.1 : Shri Hari Bhagat Agrawal, Senior Advocate assisted by Shri Parth Kumar Jha, Advocate

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Hon’ble Shri Justice Sachin Singh Rajput

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Order on Board

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17/06/2026

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1. This review petition has been filed seeking review of the order dated 18.4.2024 passed by this Court in MAC No.680 of 2019 by which the appeal filed by respondent No.1/insurance company was allowed.

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2. Paragraphs 8 and 9 of the order dated 18.4.2024 passed in aforesaid MAC read thus:

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“8. A bare perusal of section 15 of the MV. Act

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indicates that any Licensing Authority on an application made to it renew the driving license under provisions of

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this Act with effect from the date of it's expiry. It also further provide that in any case where the application for renewal of the driving license is made more than 30 days after the date of its expiry the driving license shall be renewed from the date of it's renewal. From the record it appears that the driver of the offending vehicle was holding license to drive transport as well as nontransport vehicle. It was renewed on 07/09/2009 till 06/09/2012 for transport vehicle, thereafter subsequent renewal was made on 03/10/2012 to 06/09/2015 for transport vehicle. Thereafter, it appears from record that on 29/08/2016 the application was made and fees was paid. However, the same was not renewed and from the evidence it is evident that the license to drive transport vehicle was renewed on 03/02/2017 after one day of the accident ie 02/02/2017 Section 3 mandates every person to drive motor vehicle on public place having valid and effective driving license. The contention of Ms. Shukla, learned counsel for the respondent No.7 is that driver was not disqualified to drive the vehicle is liable to be rejected in light of judgment of Hon'ble Supreme court in case of Ishwar Chandra & Ors vs The Oriental Insurance Co. Ltd. & Ors , reported in (2007) 10 SCC 650 . After assessment of evidence available on record, the finding with regard to in issue No.3 fastening the liability on Insurance Company cannot sustain and it is hereby by set aside. Insurance Company is exonerated from payment of compensation.

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This court while admitting the appeal on 22/04/2019 directed the Insurance Company to deposit the 50% amount of the award and execution of remaining amount was stayed. The exoneration of the Insurance Company is on the ground that the driver did not have valid and effective driving license and in light of the Judgment of Hon'ble Supreme Court in case of National Insurance Company Vs. Swaran Singh & Ors, AIR 2004 SC 1531 , this court is of the considered opinion that the amount of compensation awarded shall be firstly paid by the Insurance company which may recovered it from respondent No. 6 and 7 if so desire.”

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3. The review petition is barred by limitation of 704 days.

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4. The reason assigned by the petitioners in I.A. No.1 for condonation of delay of 704 days in filing the review petition

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does not appear to be sufficient for condonation of delay. Furthermore, even on merits, the ground urged in the review petition pertains to the merits of the case itself. It is a settled position of law that in the absence of any error apparent on the face of the record a review petition cannot be allowed.

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5. Thus, this Court finds no error apparent on the face of the record in the order under review. Consequently, the review petition is dismissed both on the ground of limitation and on merits.

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Sd/-

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( Sachin Singh Rajput ) JUDGE

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Gopal

Ashok Kumar v. the Oriental Insurance Co. Ltd.

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Ashok Kumar v. the Oriental Insurance Co. Ltd.

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