Rekha Mittal, J. - (1.) The present appeal directs challenge against the award dated 02.08.2013 passed by the Motor Accidents Claims Tribunal, Panipat (in short 'the Tribunal') whereby compensation has been awarded in favour of Bimla and others in regard to death of Ram Phal in a motor vehicular accident that took place on 12.10.2010 near village Muklan in the area of Police Post Azad Nagar, Hisar.
(2.) Counsel for the appellant insurance company has assailed the award primarily on two grounds. The first submission made is that in the DDR lodged with regard to the occurrence, no negligence has been attributed to driver of the alleged offending vehicle, therefore, statement of Sewa Singh PW3, alleged eye-witness to the occurrence becomes doubtful and unworthy of reliance.
(3.) The second submission made by counsel is that the vehicle in question is a light commercial vehicle having seating capacity of 7 + 1, thus, the same required a permit under Section 66 of the Motor Vehicles Act, 1988 (in short 'the Act'). As the insured did not possess a permit to bring the vehicle on road, it amounts to breach of terms and conditions of contract of insurance constituting a valid defence under Section 149 (2) (a) of the Act. To bring home his contention, he has invited attention of the Court towards the insurance policy wherein the vehicle has been described as commercial vehicle Class C (ii).;