SNEH PRASHAR,J. - (1.) A claim petition under Section 166 of the Motor Vehicles Act, 1988 (for short 'the Act of 1988') was filed by Shiv Shankar, a small boy aged 7 years, through his mother, claiming compensation on account of the injuries suffered by him in a motor vehicular accident that took place on 9.4.2010. The accident occurred when the truck bearing registration No. HRL-2949 (hereinafter refer to as the 'offending truck') being driven by Teja Ram (appellant No.1 herein) in a rash and negligent manner had struck against the Activa bearing registration No.HR-05U- 6865, on which the claimant was travelling as a pillion rider. Allowing the petition, learned Tribunal awarded the compensation to the tune of Rs. 1,19,000/- to the claimant along with interest at the rate of 7.5% per annum from the date of institution of the petition, till the date of realization. The appellants being the driver and owner of the offending truck were held liable for payment of compensation. The offending truck was insured with United India Insurance Company Limited (respondent No.1 herein). Finding that the offending truck was being plied without a route permit when the accident took place, which amounted to breach of an essential condition of the insurance policy, learned Tribunal direct the Insurance Company (respondent No.1) to pay the compensation to the claimant with liberty to recover the amount so paid from the insuredowner of the offending truck. Feeling aggrieved by the said finding of learned Tribunal, the owner and driver of the offending truck preferred the instant appeal.
(2.) The submissions made by Mr. Parminder Singh, Advocate representing the appellants and Mr. RK Sharma, Advocate for respondent No.1 have been heard and record perused.
(3.) The only argument raised by learned counsel for the appellants is that the offending truck had a valid route permit for the period i.e. 283.2005 to 28.3.2010 and subsequently, the route permit was renewed for five years and was valid upto 28.3.2015. It being so, on the date of accident i.e. 9.4.2010, the offending truck was being plied on a valid route permit. Learned Tribunal erred in granting recovery rights to respondent No.1 - Insurance Company against the appellants. To support his arguments, learned counsel relied upon the law laid down in National Insurance Company Limited v. Rajender Giri and others 2012(2) RCR (Civil) 183, Future General Insurance Co. Ltd. v. Smt.Surjo Devi and others 2013(2) RCR (Civil) 564 and Sethunath v. John Varghese 2011(2) R.C.R.(Civil) 579 : 2011(1) Civil Court Cases (822).;