RAMBETI Vs. RAMNARESH

JUDGEMENT

(1.) This Miscellaneous Appeal under Section 173 of the Motor Vehicles Act has been filed against the award dated 26/4/2010 passed by Ninth Additional Motor Accident Claims Tribunal, Gwalior in Claim Case No.333/2009, by which the insurance company has been exonerated from its liability to pay the compensation amount on the ground that the offending vehicle was not having valid permit at the time of the accident.

(2.) Challenging the award passed by the Claims Tribunal, it is submitted by the counsel for the claimants/appellants that even if the vehicle was not having valid permit, still the insurance company can be saddled with the liability of payment of compensation amount with a right to recover the same from the owner and the driver. To buttress his contentions, the counsel for the appellants has relied upon the judgment passed by this Court in the case of Smt. Mithlesh Gurjar and Ors. vs. Santosh Pal and Ors. passed in MA No.950/2017 decided on 10/2/2020.

(3.) Per contra, it is submitted by the counsel for the respondent no.3 that since the offending vehicle was being plied without any valid permit, therefore, the insurance company has been rightly exonerated.