NATIONAL INSURANCE COMPANY LTD. Vs. CHETAN CHHOPAL

JUDGEMENT

(1.) THIS appeal is directed against the order dated 26.6.2006, passed by the District Forum, Shimla, in Complaint No. 85/2004. While allowing the said complaint, appellant has been directed to indemnify the respondent in the sum of Rs. 3,96,000 along with interest @ 9% per annum from the date of filing of the complaint i.e. 16.2.2004 till the actual payment was made along with costs of litigation of Rs. 2,500. This order was to be complied with by the appellant within 45 days from the date of receipt of copy, failing which the appellant has been held liable to pay Rs. 5,000 as punitive damages.

(2.) MR . Tajta, learned Counsel for the appellant in support of this appeal argued that the driver of the vehicle at the time of accident was having licence to drive a LMV vehicle in question was also light motor vehicle and limitation as to its use was private as per cover note. Photostat copy whereof is at page 59 of the file. Premium was also charged by treating it as a private vehicle. As such submission of Mr. Tajta that the driver was not holding a valid licence has no merit in this case. Another reason to take this view is that its gross vehicle weight was 2750 kgs. and thus it was covered by Section 2(21) of the Motor Vehicles Act, 1988.

(3.) NEXT submission urged by Mr. Tajta is that vehicle was not registered, therefore, keeping in view the capacity mentioned in the cover note, his client is not liable until the vehicle was registered. For that, fact cannot be lost sight of that the accident in this case is of 4.4.2001 near Katak Nullah, Chandigarh, Hulling Kinnaur, within the jurisdiction of Police Station Kaza, District Lahaul Spiti. For not getting the vehicle registered reason given is heavy snowfall in the area. Due to this reason vehicle could not be got registered because after purchase, the vehicle was taken to his native village by the respondent. The defence is well founded in the face of the mountainous -terrain and area being snow -bound during winters. Beside this vehicle remained parked at the native place of the respondent in Tehsil Kaza, District Lahaul Spiti. That being the position, plea based on the vehicle not being registered does not in any manner advance the case of the appellant in the present appeal.