NEW INDIA ASSURANCE CO.LTD. Vs. MAHENDRA PRATAP SINGH AND OTHERS
LAWS(ALL)-2011-10-153
HIGH COURT OF ALLAHABAD
Decided on October 18,2011

NEW INDIA ASSURANCE CO.LTD. Appellant
VERSUS
Mahendra Pratap Singh and Others Respondents

JUDGEMENT

PANKAJ MITHAL, J. - (1.) THE appeal is reported to be defective on account of non filing of an application under Section 170 of the Motor Vehicles Act.
(2.) THE submission of Sri M.K. Nigam, learned counsel for the appellant is that in the present case no such application was filed before the tribunal and as such its copy can not be enclosed with the memo of appeal. In view of the above, the defect reported in presentation of the appeal does not exist. Appeal be given a regular number. Heard Sri M.K. Nigam, learned counsel for the appellant on merits of the appeal.
(3.) THE submission is that the offending vehicle was being driven without a valid permit and therefore the condition to pay and recover could not have imposed upon the insurance company.;


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