NATIONAL INSURANCE COMPANY LTD Vs. UMESH SINGH

JUDGEMENT

(1.) THE Appellant National Insurance Company Limited seeks exoneration or in the alternative recovery rights in respect of compensation of Rs.60,000/- awarded by the Motor Accident Claims Tribunal (the Claims Tribunal) in favour of the First Respondent for having suffered injuries in a motor vehicle accident which occurred on 31.12.2005.

(2.) THE Claims Tribunal dealt with the issue of liability in Paras 56 to 59 of the impugned judgment, which are extracted hereunder:-

(3.) THIS report was not enough to prove that the owner did not possess a permit on the date of the accident. What was reported by the concerned official is that as per computer record no permit has been found. There was no positive report that vehicle did not possess a valid permit on the date of the accident. Moreover, even the report Ex.R3W1/6 has not been proved in accordance with law.