PRITI Vs. L.G. ACADEM

JUDGEMENT

(1.) This order shall govern disposal of M.A. No. 3449/2010, M.A. No. 3450/2010 and M.A. No. 3542/2010. Regard being had to the similitude of the controversy involved and the nature of relief claimed in all the appeals, with the consent of parties, they have been heard finally and disposed of by this singular order. For the sake of convenience, the facts in M.A. No. 3449/2010 have been dealt with.

(2.) Facts relevant and necessary for disposal of this appeal lie in narrow compass: on 16/4/2009, deceased while taking his mother on Scooty bearing registration no. MP 09 LC 0993 reached in front of RTO Road, Model Town Colony Gate, hit by School Bus bearing registration No. MP 09 AS 8396 rashly and negligently driven by respondent no.2, as a result, the deceased (Dinesh Tharot) and his mother had suffered grievous injuries on various parts of the body and during the course of treatment, Dinesh died.

(3.) Learned counsel for the appellants contends that the Tribunal has committed grave illegality while absolving the insurance company in view of the judgment of Hon'ble Supreme Court in the case of National Insurance Co. Ltd. v. Challa Bharathamma and Others reported in 2004 ACJ 2094 and also in the case of Amrit Paul Singh and Anr. v. Tata AIG General Insurance Co. Ltd. and Ors. reported in MACD 2018(3) (SC) 202, wherein it has been ruled that in such cases where though the permit has expired or not in existence on the date of accident, but, if the factum of accident is proved, the insurance company as third party is effected, then direction can be issued to the insurance company to first pay though liability may not be fastened upon the insurance company for the reason of breach of terms and conditions of insurance policy. However insurance company may be directed to pay compensation first and then recover the same from the owner of the vehicle.