SUPERFINE KNITTERS LIMITED Vs. MAYA DEVI

JUDGEMENT

(1.) Briefly stated, facts of the case are that, on account of death of one Vijendra Singh, in a motor vehicular accident, which took place on 1/7/2016, at about 8.30 P.M., within the area of Police Station Focal Point, Ludhiana, statedly, on account of rash and negligent driving of truck bearing registration No. HR-55M-1224, owned by M/s Superfine Knitters Ltd., Ludhiana ' respondent No.2, driven by Raj Bhandari ' respondent No.1, truck being insured with United India Insurance Company Ltd., Patiala ' respondent No.3, the legal representatives of Vijendra Singh, namely, his wife Maya Devi and four minor children, had filed a claim petition unde Sec. 166 of the Motor Vehicles Act, against the driver, owner and Insurance company of the truck in question. That claim petition was contested by the respondents and vide award dtd. 11/4/2019, the Motor Accident Claims Tribunal, Patiala, accepted the claim petition and awarded a compensation of Rs.17,83,600.00 to the claimants with interest and costs, issuing a direction to respondent No.3 Insurance company to satisfy the award at the first instance, though granting it right to recover the amount in question alongwith interest from insured i.e. respondent No.2, for the reason that there was breach of terms and conditions of insurance policy by the insured since the truck in question was not having a route permit to ply in the area where the accident had taken place. The Tribunal has come to the conclusion that the truck in question was being used as a goods carrier without any route permit.

(2.) Feeling aggrieved by such recovery right granted to the Insurance company, respondent No.2 ' owner of the truck has approached this Court by way of filing the present appeal, notice of which was given to the respondent-Insurance company, which had put in appearance through counsel.

(3.) I have heard learned counsel for the petitioner, learned counsel for the Insurance company, besides going through the record.