ALAM KHAN Vs. ICICI LOMBARD MOTOR INSURANCE COMPANY

JUDGEMENT

(1.) In the present appeal the liability of the award was put on the owner and driver of the vehicle on account of the fact that inspite of a specific direction, the owner had failed to produce on record the route permit in respect of the offending vehicle. Aggrieved against the award, the owner and driver are in appeal before this Court.

(2.) Briefly, the facts as mentioned in the award of the learned Motor Accident Claims Tribunal, Gurgaon (hereinafter to be referred as "the Tribunal") are that on 5.6.2008, Devi Ram was going on motor cycle No. HR-29-N-7043 along with one Muni Lal as pillion rider from Village Pakhal to Village Nimoth.

(3.) At about 7.30 p.m., when they reached near bus stop of Village Lala Kherli, a dumper bearing registration No. HR-29V-8707, driven by appellant No. 1 at a high speed, in rash and negligent manner, came from behind and struck against the motor cycle. As a result of this, they fell down and the dumper run over and crushed the head of Devi Ram resulting into his death at the spot. A criminal case was registered against the driver of the offending vehicle. The claimants filed petition before the learned Tribunal which was disposed of and the appellants were held liable to pay the compensation vide award dated 4.4.2009. The reason for the same was that the appellants failed to produce on record the route permit of the vehicle involved in the accident otherwise the vehicle was found to be insured with respondent No. l-company. It is this award which is impugned in the present appeal.