SOMNATH CHOURASIYA Vs. SUKHI SINGH GOND

JUDGEMENT

(1.) These miscellaneous appeals under Sec. 173(1) of the Motor Vehicles Act, 1988 are filed by the owner driver of the offending vehicle being aggrieved of the award dtd. 6/2/2021 passed by the learned Second Motor Accident Claims Tribunal, Sihora, District Jabalpur in MACC No.100071/2014 (Smt. Rekhabai Gond and others Vs. Sheikh Ayeer Mansoori and others), MACC No.100072/2014 (Ranmat Vs. Sheikh Ayeer Mansoori and others), MACC No.100073/2014 (Jagatlal Basore Vs. Sheikh Ayeer Mansoori and others), MACC No.100076/2014 (Ramvishal Basore Vs. Sheikh Ayeer Mansoori and others), MACC No.100077/2014 (Master Ashish (Minor) Vs. Sheikh Ayeer Mansoori and others), MACC No.100084/2014 (Sukhi Singh Gond Vs. Sheikh Ayeer Mansoori and others), MACC No.100085/2014 (Suresh Singh Gond Vs. Sheikh Ayeer Mansoori and others) and MACC No.100117/2014 (Master Rahul Gond (Minor) Vs. Sheikh Ayeer Mansoori and others), whereby learned Claims Tribunal has exonerated the insurance company of its liability to pay compensation and has fastened the liability on the owner driver of the motor vehicle on the ground that there was violation of the terms and conditions of the permit.

(2.) Shri Subodh Kumar Pandey, learned counsel for the appellants submits that Sec. 87 of the Motor Vehicles Act, 1988 deals with Temporary permits. Sub Sec. (1) of Sec. 87 of the Motor Vehicles Act provides as under:-

(3.) It is submitted that in the present case Permit (Ex.D-4) was issued by the concerned Regional Transport Officer at Jabalpur for the bus bearing registration No.MP20-PA-0819. It was for one trip from Umariyapan to Jabalpur. Route which is prescribed in the Permit (Ex.D-4) is Umariyapan to Jabalpur via Sihora, Panagar and back.