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2023 Supreme(Raj) 803

MADAN GOPAL VYAS
Parvati Devi W/o Late Kailash Chandra – Appellant
Versus
Reliance General Insurance Company Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Manish Kumar Pitaliaya
For the Respondent: Mr. Vishal Singhal, Mr. DS Gaur, adv

JUDGMENT :

Appellants have filed this appeal, challenging the award dated 24.07.2018 passed by the Motor Accident Claims Tribunal, Chittorgarh in Claim Case No. 98/2010.

2. Learned counsel for the appellants-claimants submits that while deciding issue no.3, the learned tribunal held that at the time of accident, the respondent no.4 was not having valid permit to ply the vehicle and thus, exonerated the Insurance Company from its liability. He, however, has orally submitted in the Court that his prayer in the present appeal is limited to the effect that the Insurance Company be directed to pay the amount of compensation to the claimant in the first instance. The Insurance Company had been exonerated from indemnifying the insured on account of breach of terms of the insurance policy. In support of his arguments, learned counsel has placed reliance on the decision of this Court in Amrit Paul Singh and Another. Vs. Tata AIG General Insurance Company Limited and Others 2018(7) Supreme Court Cases 558, wherein it was held as under:-

    “In the case at hand, it is clearly demonstrable from the materials brought on record that the vehicle at the time of the accident did not have a permit. The ap

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