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HIGH COURT OF JUDICATURE AT ALLAHABAD
SANDEEP JAIN
New India Assurance Company Limited – Appellant
Versus
Mukesh Agrawal – Respondent
JUDGMENT :
SANDEEP JAIN, J.
1. The instant appeal under Section 173 of the Motor Vehicles Act, 1988 has been preferred by the insurer of the offending bus No.UP-23T-0434, against the impugned judgment and award dated 30.07.2025 passed by the Motor Accident Claims Tribunal, Meerut (North), in Motor Accident Claim Petition No. 218 of 2018 ( Mukesh Agrawal and another vs. The New India Assurance Co. Ltd. and others ), whereby, for the untimely death of Jatin Agrawal in a motor accident that occurred on 12.01.2018, a compensation of Rs.16,65,876/- along with interest at the rate of 7% per annum has been awarded to the claimants (mother and father), which has been ordered to be indemnified by the insurer of the offending bus No.UP-23T-0434.
2. Learned counsel for the appellant-insurance company submitted that the factum of accident was doubtful since the FIR discloses that it was caused by unknown vehicle. He submitted that as per the claimants case, the accident occurred on 12.01.2018 at the Toll Plaza near Brij Ghat, District Hapur at about 8 PM, but the offending bus was challaned for breach of the terms and conditions of the All India Tourist Permit granted to it by Rajesh Singh (ARTO
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The absence of a valid permit for a vehicle involved in an accident absolves the Insurance Company from liability for compensation under the Motor Vehicles Act.
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