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2017 Supreme(P&H) 2212

RAJBIR SEHRAWAT
Balak Ram – Appellant
Versus
Binder Kumar @ Balwinder Kumar – Respondent


Advocates:
For the Petitioner:Mr. Ravinder Malik Ravi, Advocate.
For the Respondents:Mr. Rajbir Singh & Mr. Sanjeev Goyal, Advocate.

JUDGMENT

Mr. Rajbir Sehrawat, J. (Oral):- This order shall dispose of two appeals i.e. FAO No. 3102 and 4441 of 2012 filed against the Award of Motor Accidents Claim Tribunal, Ambala (for short, ‘the Tribunal’) whereby an amount of Rs.1,25,000/- was awarded as compensation but liability was fixed upon owner by absolving the insurance company.

2. FAO No. 3102 of 2012 is an appeal filed by the owner and driver of the Tractor Trolly bearing Registration No. HR-71-4352 whose vehicle was involved in the accident in this claim case.

3. Learned counsel for the appellants submits that he is not challenging the amount of compensation in the award as such. He further submits that the Insurance Company has been wrongly exonerated on the ground that tractor was having trolley tied with it, therefore, it shall be considered to be a Goods Carriage Vehicle and therefore, was required to have a separate permit for carrying the goods.

4. Learned counsel for the appellants submits that the Hon’ble Supreme Court of India in the judgment rendered in the case of Mukund Dewangan vs. Oriental Insurance Company Ltd.; [2017(3) Law Herald (P&H) 1857 (SC) : 2017 (2) Law Herald (SC) 1441 : 2017 LawHerald.Org 1














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