BIRENDER Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) The appellant admittedly was the registered owner of the truck bearing registration No.HR-38E-2547, when it came to be involved in a motor vehicular accident that occurred on 28.05.2005 due to collision against motorcycle bearing registration No.DL-3SQ-2819 resulting in injuries being suffered by one Vikram Kaim, who instituted accident claim case (Suit No.347/2005) on 05.09.2005 seeking compensation impleading him (the appellant), Narender Singh (described as the driver) and Oriental Insurance Company Limited (the insurer), it admittedly being insurer of the truck against third party risk for the period in question at the instance of the appellant herein.

(2.) It is submitted by the learned counsel for the appellant that notice was received of the said claim proceedings by him but, under some improper advice, he did not appear and participate and, thus, was set ex parte. The proceedings before the tribunal leading to inquiry resulted in judgment dated 19.12.2012, whereby compensation was awarded in favour of the claimants, the said computation being modified by subsequent order dated 17.04.2013 at the instance of the insurer.

(3.) The insurer in the course of inquiry before the tribunal had pleaded breach of terms and conditions of the insurance policy on the ground that the truck had been brought to Delhi without a valid permit. The tribunal considered this submission in the light of evidence and adjudicated upon it in the following manner:-