NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAHMOOD KHAN

JUDGEMENT

(1.) THE Insurance Company (appellant) has come up before this Court challenging the judgment and order dated 03.08.2008 passed by the Motor Accidents Claims Tribunal, Haldwani, Nainital, adjudicating the Case No.237 of 2006, wherein the liability of the compensation of Rs.3,37,000/ - has been fastened upon the Insurance Company.

(2.) LEARNED counsel for the Insurance Company has submitted that on the date of accident i.e. 27th July, 2006, the vehicle, involved in the accident, did not have any permit to ply the same in the region of Uttarakhand and it had valid permit to ply only within the territory of Uttar Pradesh and such permit for goods carriage was valid w.e.f. 16.11.2004 to 15.11.2009.

(3.) LEARNED counsel for the Insurance Company has relied upon Section 88 of the Motor Vehicles Act, 1988, which reads as under: -