- (1.) C M-19998-CII-2013 There is delay of 07 days in filing the present appeal. The appellant has filed an application under Section 5 of the Limitation Act for condonation of delay. Heard on the application. In view of the reasons mentioned in the application, same is allowed and the delay of 07 days in filing the present appeal is hereby condoned. The present appeal has been preferred by appellant - ICICI Lombard General Motor Insurance Company Limited (respondent No.2 in the claim petition) against the award dated 07.05.2013 passed by the learned Motor Accidents Claims Tribunal, Chandigarh (hereinafter called the 'Tribunal'), vide which respondents No.1 to 3 (claimants in the claim petition) have been awarded compensation to the tune of Rs.33,91,424/- on account of death of Narinder Chhabra in the motor vehicular accident which took place on 07.12.2009.
(2.) The appellant-Insurance Company has filed the present appeal against the award declining it the recovery rights.
(3.) Learned counsel for the appellant-Insurance Company contended that the truck in question was being plied by respondent No.4 in violation of the terms and conditions of the permit. He contended that the permit was valid only for the State of Haryana, whereas the accident has taken place near Daria, U.T. Chandigarh. Thus, he contended that as the truck was being plied in the area of U.T. Chandigarh, without any valid permit which is in violation of the terms and conditions of the insurance policy, so the appellant-Insurance Company was not liable for payment of the amount of compensation or at least the appellantInsurance Company is entitled to recover the awarded amount from the insured. To support his contentions he has relied upon case National Insurance Company Vs. Challa Bharathamma and others, 2004 ACJ 2094 .;