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2021 Supreme(UK) 204

S.K.MISHRA
National Insurance Company Limited – Appellant
Versus
Deepa Devi W/o Late Lakhan Singh – Respondent


Advocates Appeared:
V.K. Kohli, Advocate, I.P. Kohli, Advocate, Akshay, Advocate

JUDGMENT

S.K. Mishra, J. - Heard V.K.Kohli, learned Senior Counsel, assisted by Mr. I.P.Kohli, learned counsel for the appellant and Mr. Akshay, learned counsel holding brief of Mr. Sandeep Kothari, learned counsel for the respondent no.6.

2. None is present for the other respondents.

3. The limited question involved in this case is that the insurance company has challenged the correctness of the award passed by the Motor Accident Claims Tribunal cum District Judge, Tehri Garhwal, in MAC Case No. 10/2010, Smt. Deepa Devi and others vs. Sarat Singh Negi & others, dated 06.07.2011, wherein the Tribunal allowed the application and granted a sum of Rs. 4,79,419/- as compensation with simple interest at the rate of 5% in favour of the claimant and directed the Insurance Company to indemnify the claimants. The Tribunal has not granted any recovery right to the Insurance Company from the owner or driver of the vehicle.

4. The grievance of the Tribunal as put forth by Mr. V.K.Kohli, learned Senior Counsel for the Insurance Company is that the vehicle was not having a valid commercial permit as it could not have run more than 9 years from the date it is purchased. The dates appearing in this ca

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