- (1.) Cm-10196-Cii-2016 This is the application for placing on record document i.e. receipt dated 19.02.2013 (Annexure A-1). Heard. In view of the reasons mentioned in the application, same is allowed and document Annexure A-1 is taken on record. FAO No.1702 of 2016 The present appeal has been preferred by the driver and owner of the vehicle against the award dated 20.11.2014 passed by the learned Motor Accidents Claims Tribunal, Pathankot vide which respondents No.2 to 6-claimants have been awarded compensation to the tune of Rs.15,63,120/- on account of death of Jagir Singh in the motor vehicular accident which took place on 19.02.2013.
(2.) The present appeal has been preferred by the driver and owner of the vehicle against the recovery rights given by the learned Tribunal to respondent No.1- Insurance Company against the appellant No.2, the owner of truck bearing registration No. PB-06-6894.
(3.) Learned counsel for the appellant contended that it was a new vehicle. The appellant has already deposited the necessary fees along with application on 19.02.2013 for issuance of the route permit and the route permit was even issued on 27.02.2013. The accident has also taken place on 19.02.2013 in the evening, whereas the owner of the vehicle has already submitted the documents in the Transport Office for grant of permit along with the requisite fees. So, it cannot be stated that the vehicle in question was being plied without permit. To support his contentions, he relied upon case Ashok Kumar Khemaka Vs. Oriental Insurance Company Ltd. And others, 2014 3 RCR(Civ) 1018. He further contended that as the truck was being plied in the State of Punjab, so there was no need of any route permit. To support his contentions he relied upon case National Insurance Company Limited Vs. Kamlesh Kaur and others, 2006 3 RCR(Civ) 634 and Moti Ram Vs. ICICI Lombard and others, 2015 ACJ 1793. Thus, he contended that the learned Tribunal has wrongly awarded the recovery rights.;