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2016 Supreme(P&H) 2826

DARSHAN SINGH
Mani Ram Aggarwal (Deceased) Through His Lrs. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Dheeraj Narula
For the Respondent: Mr. Sanjeev Pabbi, Mr. Shekhar Gupta, Mr. Sanjiv Gupta, Mr. Sandeep Sharma

JUDGMENT :

Darshan Singh, J.

CM No. 1769-CII of 2011

There is delay of 50 days in filing the present appeal.

Heard on the application.

In view of the reasons mentioned in the application, the application stands allowed and the delay of 50 days in filing the appeal is hereby condoned.

FAO No. 552 of 2011

The present appeal has been preferred by appellant-Mani Ram Aggarwal, the owner of Tata 407 bearing registration No. RJ-31-G-0889, against the award dated 05.04.2010 passed by the learned Motor Accident Claims Tribunal, Sirsa (for short 'Tribunal'), vide which respondent no.1, the Insurance company has been granted recovery rights.

2. Compensation to the tune of Rs. 1,60,000/- has been awarded to respondents no.2 and 3/claimant on account of the death of their son Vishal in the motor vehicular accident which took place on 02.06.2008. The learned Tribunal further held that there was no valid route permit to ply the vehicle in the State of Haryana. Thus, the appellant-insured has violated the terms and conditions of the insurance policy. Learned Tribunal ordered that at the first instance, respondent no.1-Insurance Company will pay the awarded amount to the petitioners and then it shall be at

















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