SANDEEP YADAV Vs. NEW INDIA ASSURANCE CO. LTD.

JUDGEMENT

(1.) This judgment shall decide the present appeal filed by the appellant, who is the registered owner of the vehicle, under Sec. 173 of the Motor Vehicles Act, 1988[1] assailing the impugned judgment-cum-award dtd. 17/2/2018 passed by the learned Presiding Officer, Motor Accident Claims Tribunal, District Shahdara, Karkardooma Courts, New Delhi[2] in MAC No. 820/2016, whereby the learned Tribunal granted recovery rights to the respondent/Insurance Company to recover the awarded amount from the insured-owner.

(2.) Shorn of unnecessary details, on 7/11/2013, at about 10:00 PM, the deceased-Brajanand @ Birjoo was going by his bicycle and when he reached near Mayawati Bus Stand, Baghpat, U.P., suddenly a truck/tempo bearing No. DL-1M-5990[3] driven in a rash and negligent manner by Rajesh Kumar/respondent No.1, came at a high speed and hit the bicycle of the deceased. Consequently, the deceased sustained fatal injuries and was taken to the District hospital, but was declared brought dead. Subsequently, FIR No. 574/13 Criminal Complaint. No. 1065/13 was lodged against the respondent No.1/driver[4] with Police Station Baraut under Ss. 279/304A/427 of the IPC[5].

(3.) The respondents No.1 and 2, who are the driver and registered owner[6] of the offending vehicle, were served but failed to contest the case and were proceeded ex-parte vide order dtd. 6/6/2014. Per contra, respondent No.3/Insurance Company denied all the allegations challenging the territorial jurisdiction of the Court as also the fact that the driver was not possessing a Driving Licence[7] to drive the vehicle. It was also contested that the offending vehicle did not have a valid permit and other relevant documents and thus, the insurance company is not liable to pay any amount.