GURMEET SINGH Vs. NEW INDIA ASSURANCE COMPANY LTD

JUDGEMENT

(1.) This appeal has been filed by the appellant challenging the Award dtd. 1/3/2018 (hereinafter referred to as the "Impugned Award?) passed by the learned Motor Accidents Claims Tribunal, Rohini, Delhi (hereinafter referred to as the "Tribunal") in MAC Petition No.504961/2016, titled Smt. Rubi Devi and Ors. v. Megh Singh and Ors.

(2.) The limited challenge of the appellant against the Impugned Award is on the liberty granted by the learned Tribunal to the respondent no.1 herein, that is the Insurance Company, to recover the compensation paid by it to the claimants, that is the respondent nos.2 to 5 herein, from the appellant, who is the owner of the offending vehicle. The learned Tribunal has granted the recovery right to the respondent no. 1 on the ground that the appellant, as on the date of the accident, did not have a Permit for plying the offending vehicle, that is the Truck bearing registration no.HR-38F-3387, within the State of Delhi.

(3.) The learned counsel for the appellant, placing reliance on the judgment of the Supreme Court in National Insurance Co. Ltd. v. Swaran Singh and Others, (2004) 3 SCC 297, submits that the respondent no.1 can escape its liability under the Insurance Policy only where it can prove that there is a breach of the condition(s) of the policy as stipulated in Sec. 149(2)(a)(i) or Sec. 149(2)(a)(ii) of the Motor Vehicles Act, 1988 (hereinafter referred to as the 'Act').