- (1.) Cm No. 1769-CII of 2011 There is delay of 50 days in filing the present appeal. Heard on the application. In view of the reasons mentioned in the application, the application stands allowed and the delay of 50 days in filing the appeal is hereby condoned. The present appeal has been preferred by appellant-Mani Ram Aggarwal, the owner of Tata 407 bearing registration No. RJ-31-G- 0889, against the award dated 05.04.2010 passed by the learned Motor Accident Claims Tribunal, Sirsa (for short 'Tribunal'), vide which respondent no.1, the Insurance company has been granted recovery rights.
(2.) Compensation to the tune of Rs. 1,60,000/- has been awarded to respondents no.2 and 3/claimant on account of the death of their son Vishal in the motor vehicular accident which took place on 02.06.2008. The learned Tribunal further held that there was no valid route permit to ply the vehicle in the State of Haryana. Thus, the appellant-insured has violated the terms and conditions of the insurance policy. Learned Tribunal ordered that at the first instance, respondent no.1-Insurance Company will pay the awarded amount to the petitioners and then it shall be at liberty to recover it from the driver-owner jointly and severally. Appellant, the owner of the vehicle has preferred this appeal to assail these findings of the learned Tribunal.
(3.) I have heard the learned counsel for the parties and have carefully gone through the paper book.;