NEW INDIA ASSURANCE CO. LTD. Vs. SURESH GUPTA

JUDGEMENT

(1.) THE Appellant New India Assurance Co. Ltd. impugns a judgment dated 14.12.2009 whereby a compensation of Rs. 62,364/- was awarded in favour of the First Respondent for having suffered injuries in an accident which took place on 31.10.2008. According to the case set up by the First Respondent, he suffered injuries on account of rash and negligent driving of a tanker bearing HR-46-5932 which was being driven by the Second Respondent and was owned by the Third Respondent. THE finding of negligence and the quantum of compensation is not disputed in the Appeal.

(2.) THE only ground of challenge is that the offending vehicle did not have any permit to ply in the area of National Capital Territory of Delhi and thus the owner was guilty of breach of the terms of policy and could avoid liability to pay the compensation under Section 149(2)(a)(i)(b) Motor Vehicles Act.

(3.) ALONG with the Appeal, an application was moved by the Appellant seeking leave of the Court to prove that the owner did not possess any permit to ply the vehicle in the State of NCT of Delhi. The application was allowed. The Appellant examined Mukesh Kumar, an official from RTO Faridabad, who deposed that permit No.539/H/07 was issued in respect of a vehicle HR-46-5932 on 03.07.2007 and was valid till 02.07.2010. AW2 Ram Avtar, an investigator proved his report Ex.AW2/1, which is extracted hereunder: