NEW INDIA ASSURANCE COMPANY LIMITED Vs. MAMTA

JUDGEMENT

(1.) The present Appeal has been filed under Section 173 of the Motor Vehicles Act, 1988, against the Judgment and Order/Award dated 30.4.2011 passed by the Motor Accidents Claims Tribunal, Saharanpur in Motor Accident Claim Case No. 115 of 2010 filed by the claimant-respondent nos. 1, 2,3 and 4 on account of the death of Anil Kumar in an accident which took place on 13.3.2010 at about 11 A.M.

(2.) The case set-up in the Claim Petition was that on 13.3.2010, the said Anil Kumar was going towards Deoband on his Motorcycle; and that at about 11 A.M., the Driver of a Three Wheeler Tempo bearing Registration No. UK 08 TA-0684 (hereinafter also referred to as "the vehicle in question") driving rashly and negligently, hit the Motorcycle of the said Anil Kumar on the side, as a result of which the said Anil Kumar sustained serious injuries and was admitted to a Hospital where he died during treatment.

(3.) The Tribunal further held that the Permit issued in respect of the vehicle in question was valid for plying the vehicle in question within the limits of the State of Uttarakhand but the said Permit did not authorize the plying the vehicle in question on the road on which the accident in question occurred in the District Saharanpur in the State of Uttar Pradesh, and thus the vehicle in question was being driven without valid and effective Permit on the road on which the accident in question occurred in the District Saharanpur in the State of Uttar Pradesh.