NEW INDIA ASSURANCE CO. LTD Vs. AKALI DAS

JUDGEMENT

(1.) By consent of parties the appeals are taken up for final disposal as it involved the common questions of law.

(2.) Mr. Pahari, learned counsel appearing on behalf of the Insurance Company, submits that Section 66 of the Motor Vehicle Act, 1988 mandates that no owner of a motor vehicle shall use or permit the use of the vehicle as a transport vehicle in any pubic place whether or not such vehicle is actually carrying any passengers or goods save in accordance with the conditions or a permit granted or countersigned by a Regional or State Transport Authority or any prescribed authority and, therefore, the Insurance Company cannot be made responsible to pay the compensation in this regard as the compensation is required to be paid by the owner of the offending vehicle.

(3.) It is no doubt true that Section 66 of the Act forbids any owner to ply the motor vehicle as transport vehicle unless the permit is granted by the competent authority. However, sub-section (3) of Section 66 of the Act carves out an exception to the enabling provisions, which could be evident from the opening sentence used therein, clearly suggesting that the provisions contained under sub-section (1) of Section 66 shall not apply in such conditions.