RAJKUMARI & OTHERS Vs. ANJU SHARMA & OTHERS

JUDGEMENT

(1.) Both these appeals raise common question of law as to whether the Claims Tribunal has been justified in exonerating the Insurance Company from its liability to satisfy the award only on the ground that the offending Bus was not plied on a route for which a route permit has been issued by the authority.

(2.) Another issue is in regard to quantum of the compensation.

(3.) As far as the first issue is concerned, it is contention of the learned counsel for the appellants that respondent no.2 had examined one Rishi Shrivastava as DW2 from the Office of RTO, Gwalior, who deposed that Bus No.MP07/F1550 was earlier registered in the name of Swadesh Sharma and after death of Swadesh Sharma, it was registered in the name of Anju Sharma. He further deposed that on the date of accident, i.e., 28.04.2008, the Bus in question was not having route permit from Gwalior to Shivpuri. He had exhibited the route permit as Ex.D/11, which was from Bhander to Dabra via Baswaha, vikar, Datia, Lala ka Taal, Chhoti Badoni, Sunawal, Sonagiri Tiraha, Sitapur, Upraye, Goraghad for one return round per day and this permit was valid from 15.06.2006 to 14.06.2011. Similarly, Ex.D/10 was from Dabra to Gwalior via Pichhore, Jangipura, Patha, Laghera, Lakhanpura, Rafadpur, Bilaua, Jaurasi, Anupura, Barri, Shithauli, Vicky Factory, Chetakpuri Gate with return circuit and this was valid from 06.06.2006 to 05.06.2011.