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2021 Supreme(UK) 328

S.K.MISHRA
United India Insurance Company Ltd – Appellant
Versus
Digambar Singh S/o Late Pooran Singh – Respondent


Advocates Appeared:
Pankaj Purohit, Advocate, Raman Kumar Shah, Advocate

JUDGMENT

S.K. Mishra, J. - Heard Mr. Pankaj Purohit, learned counsel for the appellant and Mr. Raman Kumar Shah, learned counsel for the respondents.

2. The appellant insurance company, who was respondent no.2 before the Motor Accident Claims Tribunal, Pauri Garhwal in MACP No. 47 of 2009 has assailed the award passed by the Tribunal directing it to pay a sum of Rs. 3,12,000/- with 7 % interest to the claimants.

3. This appeal involves a limited question, i.e., whether on the face of violation of permit granted to the operator of the commercial vehicle, the insurance company should be made liable to pay the compensation. Learned counsel Mr. Pankaj Purohit appearing for the appellants submits that in this case, the vehicle involved was allowed to carry 7 passengers, but at the time of the accident it was carrying 15 passengers in the vehicle, hence the incident took place. He also put forth the grievance of the Insurance Company that in total 8 claim applications have been made and as far as the first 7 claim applications, the Insurance Company has already satisfied the awards. But, they are aggrieved by the award in this case is because of the fact that the Insurance Company has not b

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