SURENDER KUMAR Vs. RAMESH KUMAR AND OTHERS

JUDGEMENT

(1.) The driver of the offending vehicle i.e Truck bearing registration No. HR-37-4480 has filed the present appeal against the award dated 27.11.2010 passed by the Motor Accidents Claims Tribunal, Sonepat whereby the Tribunal, after holding that the appellant along with respondents No.5 and 6 was jointly and severally liable to pay the compensation amount, granted recovery rights in favour of the insurer-respondent No.6 against the appellant and the owner-respondent No.5.

(2.) While granting recovery rights to respondent No.6- Insurance Company, the Tribunal observed that though the truck in question was insured with it but it did not have certificate of fitness on the date of the accident and the same was evident from certificate of registration Ex.R-2.

(3.) Along with the present appeal, miscellaneous application under Order XLI Rule 27 CPC was filed by the appellant for placing on record the fitness certificate of the offending vehicle by way of additional evidence. When the said application came up for hearing on 03.02.2012, counsel for respondent No.6 sought time for verifying the same.