SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(P&H) 836

JITENDRA CHAUHAN
Ashok Kumar Khemaka – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared
Mr.Rajender Kumar, Advocate for Mr.MS Tewatia, Advocate for the appellants.
Mr. DP Gupta, Advocate for respondent No.1.
Mr.Sachin Gupta, Advocate for respondent Nos. 2 and 3
Mr.Paul S.Saini, Advocate for respondent No.4

Judgment

Jitendra Chauhan, J.

The present appeal has been filed by the owner and driver of the offending vehicle, challenging the impugned Award dated 7.12.2010, passed by the learned Motor Accident Claims Tribunal, Sangrur (in short 'the Tribunal').

2. It is contended by the learned counsel for the appellant that the learned Tribunal erred in fastening the liability upon the appellant, as the owner did not produce the route permit. However, the owner has already paid the entire taxes as levied by the State Govt. till 30.6.2008, whereas the accident occurred on 13.4.2007.

The accident occurred in District Yamuna Nagar and the vehicle was also registered at Yamuna Nagar. No official was examined from RTO, Yamuna Nagar or no issue with regard to permit was framed by the learned Tribunal. Thus, he prays that the finding with regard to recovery right given to the Insurance Company may be set aside.

3. On the other hand, the learned counsel for the respondent – Insurance company vehemently opposes the prayer of the appellant and submits that the learned Tribunal has rightly granted recovery right, as the appellant did not have any route permit at the time of accident. Therefore, the pres





























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top