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2017 Supreme(P&H) 1262

AMIT RAWAL
Rajesh Kumar – Appellant
Versus
Nirmala – Respondent


Advocates Appeared:
For the Appellants :Mr. D.S. Nirban (Rao), Advocate
For the Respondent:Mr. S.K. Yadav, Advocate, Mr. Pardeep Goyal, Advoate and Mr. Abhishek Goyal, Advocate

JUDGMENT :

AMIT RAWAL J.

1. The present appeal has been referred by the owner whereby the compensation to the tune of Ra. 14,35,260/- along with interest @6% per annum from the date of filing of the claim petition has been awarded to the claimants on account of death of deceased-Surender Kumar, who unfortunately died in a motor vehicular accident involving the bus bearing registration No.HR-39-7192.

2. Mr. Nirban, learned counsel appearing on behalf of the appellant submits that despite the fact that there was a subsisting legal and valid insurance policy at the time of the accident, which had taken place on 23.10.2009, liability has been fastened upon the owner on the premise that it did not have a valid route permit as envisaged under Section 66 of the Motor Vehicles Act. He submitted that the insurance company can take up the defences as available under sub-section 2 of Section 149 of the Motor Vehicles Act and not beyond that, thus, there cannot be an objection viz-aviz the non-compliance of provisions of Section 66 of the Motor Vehicles Act. The permit had already been produced on record, though according to the insurance company it was not legible but no steps have been taken b









































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