ORIENTAL INSURANCE CO. LTD Vs. HARI OM KAUSHIK

JUDGEMENT

(1.) Instant appeal has been preferred against the impugned award dated 04.05.2011 passed by the ld. Tribunal, whereby ld. Tribunal has granted compensation against the appellant and in favour of the respondents / claimants as under:

(2.) Instant appeal has been filed mainly on the ground that ld. Tribunal has erred in not considering the provision provided under Section 149 (2)(a) (i) (c) that no sum shall be payable by an insurer where there is no valid permit in respect of the insured vehicle.

(3.) Ld. Counsel appearing on behalf of the appellant has relied upon a case of National Insurance Co. Ltd. v. Challa Bharathamma & Ors., 2004 ACJ 2094 wherein it is held that a person without permit to ply a vehicle cannot be placed at a better pedestal vis-a-vis one who has a permit, but has violated any condition thereof.