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ANIL KSHETARPAL
Banshidhar – Appellant
Versus
Krishna – Respondent


Advocates Appeared:
For the Appellant :Mr. Sanjay Mittal, Advocate.
For the Respondent:Mr. Amrinder Sidhu and Mr. Aman Mittal, Advocates.

JUDGMENT :

Anil Kshetarpal, J.

1. The insured owner is in appeal against the recovery rights given to the Insurance Company as per the award passed by the Motor Accident Claims Tribunal, Narnaul.

2. Learned counsel for the appellant has submitted that the vehicle was being used for the purpose for which it was granted the permit. He further submitted that merely because the vehicle was not being driven at a place, as authorised by the permit, insured cannot be fastened with liability to pay the compensation. In this regard he has referred to three judgments passed by this Court, which are reported as under:-

(i) Future General Insurance Co. Ltd. v. Smt. Surjo Devi and Others, 2013(2) R.C.R.(Civil) 564.

(ii) Sunil Kumar v. Ramveer Singh and Others, 2013(1) PLR 849.

(iii) Hans Raj Chaudhary v. Smt. Nanhi Devi and Others, 2012(4) PLR 694.

3. It will be noticed that this Court has noticed the judgment passed by the Hon'ble Supreme Court reported as National Insurance Co. Ltd. v. Chella Bharathamma, 2004(4) R.C.R.(Civil), 399.

4. On the other hand, learned counsel for the Insurance Company has relied upon the judgment, which has already been noticed above i.e. National Insurance Co. Ltd. v. Che







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