DAVINDER SINGH Vs. DUKHI SHAH

JUDGEMENT

(1.) Appellants Davinder Singh and Raja Singh, who are the driver and owner of TSR No.DL-1RE-1850 take exception to the judgment dated 06.03.2009 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby while awarding a compensation of Rs. 2,55,000/-, the Claims Tribunal held that the Appellants were guilty of breach of terms of policy read with Section 149 (2) (a) of the Motor Vehicles Act, 1988 (the Act) and thus while directing the Insurance Company to satisfy the award, granted recovery rights against the Appellants. Following contentions are raised on behalf of the Appellants:-

(2.) It is admitted by the learned counsel for the Respondent Insurance Company that the vehicle in question was registered with the Registering Authority on 13.01.2000. Copy of the Registration Certificate placed on the Trial Court Record and on the paper book confirms this fact.

(3.) The Notification relied upon by the Respondent Insurance Company (Ex.R3W2/3) was issued only on 19.08.2003. Admittedly, the Respondent Insurance Company has not proved whether the conditions issued by Notification dated 19.08.2003 were applied to the previously issued permit. Rather, a plain reading of the Notification reveals that it was applicable from the date of issue.