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2013 Supreme(P&H) 760

Vijender Singh Malik
New India Assurance Company Ltd. – Appellant
Versus
Anuradha – Respondent


Advocates:
For the Appellant:Mr. Ashwani Talwar, Advocate with Mr. S.P. Dhamija, Advocate.
For the Respondents No.1 to 4:Mr. Inderjit Sharma, Advocate.
For the Respondent No.5: Ex-parte.

JUDGMENT

Mr. Vijender Singh Malik, J.:- This is an appeal brought by New India Assurance Company Limited against the award dated 19.08.2010 passed by learned Motor Accidents Claims Tribunal, Sangrur (for short ‘the Tribunal’). Vide the impugned award, the claim petition of Smt. Anuradha and others has been allowed awarding a sum of Rs.19,26,000/-. In this case, the responsibility to satisfy the award has been held to be joint and several of the respondents. The grievance of the appellant is that recovery rights have not been given to it against the owner-driver of the vehicle.

2. It is a case where Bhola Singh, a 36 years old Head Constable with Punjab Police met with fatal accident. A claim had been made by his dependents for Rs.40,00,000/-, which was resisted by the respondents. Respondent No.2 had claimed that the truck was plied without valid route permit and, therefore, the answering respondent is not liable to satisfy the award.

3. Learned counsel for the appellant has contended that the offending truck was being plied in Punjab State without a valid route permit. According to him, no evidence was led to prove that the truck bearing registration no. UP-11G-7629 was having a v










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