SERVESH KUMAR GUPTA
Ram Pal Singh – Appellant
Versus
Govindi – Respondent
Servesh Kumar Gupta, J.
Through this appeal, the judgment and order rendered on 06.05.2009 by the Tribunal has been assailed by the owners of the offending vehicle, which was a private Indica Car bearing No.DL-09-C-4157.
2. Learned Tribunal has fastened the liability, though on the Insurance Company but the right to recover the same has been conferred against the owners/appellants of such vehicle. Feeling aggrieved, they have come up in this appeal.
3. The brief facts, shorn of unnecessary details, are that the incident occurred on 27.01.2007 around 9:30 P.M. when such Indica Car, being plied on the serpentine hilly road of District Uttarkashi near Village Bhatkot by its driver Mr. Harish, met with an accident, wherein Mr. Mahipal Singh, a youth, was seriously injured. He was shifted from one hospital to another and during the course of shifting to some Higher Centre at Dehradun, he succumbed to his injuries.
4. The accident, insurance cover and death of Mr. Mahipal Singh have not been denied with the clarification on the part of learned counsel for the insurer that concept of comprehensive insurance was introduced in the governing field some time later but certainly, it was
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