NATIONAL INSURANCE CO. LTD. Vs. RAJ KUMARI

JUDGEMENT

(1.) Heard Sri Pradeep Kumar Sinha, learned counsel for the appellant, Sri Vidya Kant Shukla, Advocate holding brief of Ms. Deepali Srivastava Sinha, learned counsel appearing for claimantrespondent no.1 and perused the record.

(2.) This first appeal from order has been filed by the appellant against the judgment and award dtd. 28/2/2015, passed by Motor Accident Claims Tribunal / Additional District Judge, Court No. 14, Allahabad, in M.A.C.P. No. 507 of 2011 (Raj Kumari vs. Hanuman Prasad & others), awarding compensation of Rs.15,02,200.00 alongwith 7% interest to the claimant respondent no. 1.

(3.) It is submitted by learned counsel for appellant that the insured vehicle was plied in violation of terms and conditions of insurance policy as the route permit of offending vehicle was not valid and effective. The claims tribunal itself has recorded the finding that the route permit of the offending vehicle was not valid on the date of accident but has erred in fixing the liability of payment of compensation upon the appellant Insurance Company with liberty to recover the same from the owner of the vehicle.