PRAKASH CHANDRA Vs. KASHINATH

JUDGEMENT

(1.) Heard Sri Satya Deo Ojha, learned Counsel for the appellant, Sri Sanjay Singh, learned Counsel for the claimants and the learned Counsel for the respondents.

(2.) This appeal has been filed by the owner of the offending vehicle being aggrieved of the award dtd. 22/9/2017 passed by the learned Motor Accident Claims Tribunal/Additional District Judge, Court No. 5, Shahjahanpur in Motor Accident Claim Case No. 180 of 2015 on the sole ground that the bus in question bearing registration No. UP270/3038 was used as a contract carriage and was under contract with the U.P.S.R.T.C., therefore, merely non-availability of permit will not be a ground on which learned claims Tribunal has exonerated the Insurance Company and has fixed the liability to pay compensation on owner of the offending vehicle.

(3.) In support of his contention, learned Counsel for the appellant has placed reliance upon a judgment of the High Court in the case of Uttar Pradesh State Road Transport Corporation v. Kulsum, 2011 (8) S.C.C. 142 : 2011 (4) T.A.C. 15.