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2019 Supreme(P&H) 1885

TEJINDER SINGH DHINDSA
Tajeev Yadav @ Rajeev Yadav – Appellant
Versus
Cholamandalam Ms General Insurance Co. Ltd. & Others – Respondent


Advocates Appeared:
Mr. Satnam Singh Thakur, Advocate for Mr. Gopal Sharma, Advocate, for the Appellant; Mr. Rajneesh Malhotra, Advocate for respondent No.l

JUDGMENT

Tejinder Singh Dhindsa. J. - The Motor Accident Claims Tribunal, Gurgaon vide award dated 09.01.2015 awarded a compensation amount of Rs.4,51,467/- in favour of Hardutt for the injuries that he suffered in a motor vehicle accident dated 05.06.2013 involving the offending/insured Tata Canter vehicle bearing registration No.HR-47-B-2571. Insofar as the liability to pay the compensation amount was concerned, the Tribunal took a view that the amount of compensation shall be paid by the Insurance Company in the first instance and thereafter shall be entitled to recover the same from the owner and driver of the offending vehicle jointly and severally.

2. Instant appeal has been filed at the hands of the owner of the offending vehicle assailing the recovery rights that had been granted by the Tribunal in favour of respondent No.1/Insurance Company.

3. Counsel representing the appellant has argued that the Tribunal has committed a grave error in holding the owner to be also liable for the compensation and has not appreciated the fact that the appellant had appointed respondent No.2 driver after seeing his driving license as also testing his driving ability. Counsel further urges th

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