VIJAY KUMAR Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) THE Appellant impugns a judgment dated 28.04.2011 whereby while granting a compensation of RS.2,40,183/- in favour of the Respondent No.2, the Appellant Vijay Kumar was made liable to reimburse the compensation to the Respondent No.1 New India Assurance Co. Ltd. on the ground that there was breach of the policy condition.

(2.) THE Insurance Company's case was that the Appellant did not possess any valid permit as required under Section 66(3)(i) of the Motor Vehicles Act resulting into breach of the terms of the policy under Section 149(2)(a)(ii) of the Act. A photocopy of the registration certificate in respect of the vehicle No.DL-1LE- 1547 has been placed on record which shows the Unlaiden Weight of the vehicle as 1625 kg and the Laiden Weight as 2750 kg. As per Section 66(3(i), there is no requirement to obtain a permit in respect of the goods vehicle where the gross vehicle weight does not weigh 3000 kg. THE copy of the registration certificate was available on the Trial Court record which escaped the attention of the Claims Tribunal.

(3.) THE statutory amount of RS.25,000/- shall be refunded to the Appellant.