LAWS(DLH)-2012-8-63

ASHWANI KUMAR Vs. ORIENTAL INSURANCE CO LTD

Decided On August 06, 2012
ASHWANI KUMAR Appellant
V/S
ORIENTAL INSURANCE CO LTD Respondents

JUDGEMENT

(1.) The Appellant who is the owner of Tata Tempo No.DL-1LE- 5154, which caused the accident resulting in grievous injuries to Respondent No.2, takes exception to a judgment dated 03.09.2011 whereby the Motor Accident Claims Tribunal (the Claims Tribunal) while awarding a compensation of Rs. 3,45,398/- and making the First Respondent Oriental Insurance Company Limited initially liable to pay the compensation, granted recovery rights to the First Respondent against the Appellant.

(2.) It is admitted case of the parties that the vehicle involved in the accident is a goods vehicle and it did not posses any permit at the time of the accident.

(3.) At the time of hearing, the following contentions are raised on behalf of the Appellant:-