ASHOK KUMAR KHEMAKA Vs. ORIENTAL INSURANCE CO. LTD

JUDGEMENT

(1.) The present appeal has been filed by the owner and driver of the offending vehicle, challenging the impugned Award dated 7.12.2010, passed by the learned Motor Accident Claims Tribunal, Sangrur (in short 'the Tribunal'). It is contended by the learned counsel for the appellant that the learned Tribunal erred in fastening the liability upon the appellant, as the owner did not produce the route permit. However, the owner has already paid the entire taxes as levied by the State Govt. till 30.6.2008, whereas the accident occurred on 13.4.2007. The accident occurred in District Yamuna Nagar and the vehicle was also registered at Yamuna Nagar. No official was examined from RTO, Yamuna Nagar or no issue with regard to permit was framed by the learned Tribunal. Thus, he prays that the finding with regard to recovery right given to the Insurance Company may be set aside.

(2.) On the other hand, the learned counsel for the respondent - Insurance company vehemently opposes the prayer of the appellant and submits that the learned Tribunal has rightly granted recovery right, as the appellant did not have any route permit at the time of accident. Therefore, the present appeal may be dismissed.

(3.) I have heard the learned counsel for the parties and perused the record carefully.