UNITED INDIA INSURANCE CO LTD Vs. BAHULEYAN

JUDGEMENT

(1.) The appeal is directed against the judgment dated 06.07.2012 passed by the Motor Accident Claims Tribunal (the Claims Tribunal) whereby compensation of Rs.3,03,849/- was awarded in favour of Respondent no.1 for having suffered injuries in a motor vehicular accident which occurred on 05.04.2003.

(2.) There is twin challenge to the judgment. First, the offending vehicle was a commercial vehicle, yet no permit was produced despite notice issued under Order 12 Rule 8 Civil Procedure Code, 1908(CPC). Thus, the Appellant ought to have been granted recovery right. Second, the award of Counsel's Fee to the extent of Rs.16,000/- directly to the counsel is not in accordance with the Delhi High Court Rules and Orders. Reliance is placed on the judgment of this Court in ICICI Lombard General Insurance Co. Ltd. v. Kanti Devi and Ors., MAC APP No. 645/2012 decided on 30.07.2012.

(3.) Respondent no.1 (Claimant) before the Claims Tribunal has not come forward to contest the appeal. The appeal is contested only by Respondents no.2 and 3.