NATIONAL INSURANCE COMPANY LIMITED Vs. UDIT ANAND

JUDGEMENT

(1.) The present appeal has been preferred by the National Insurance Company Limited - insurer of truck bearing registration No.HR- 58B-0182 i.e. the offending vehicle (respondent No.3 in the claim petition) against the award dtd. 2/7/2014, passed by the learned Motor Accidents Claims Tribunal, Chandigarh (hereinafter called the "Tribunal"), in a petition filed under Sec. 166 of the Motor Vehicles Act, 1988 (for short the "Act"), whereby respondents No.1 to 3 - claimants have have been awarded compensation to the tune of 22,12,148/- on account of death of Rajesh Anand, in the motor vehicular accident which took place on 22/10/2008.

(2.) Notice of this appeal was given to all the respondents. Respondents No.4 and 5 i.e. the driver and owner of the truck bearing registration No.HR-58B-0182 were duly served for 29/1/2015 but in spite of their service, they did not appear to contest the present appeal.

(3.) Learned counsel for the appellant-Insurance Company contended that truck bearing registration No.HR-58B-0182 was being plied by respondent No.4 without any permit. The appellant-Insurance Company has moved an application before the learned Tribunal. The learned Tribunal has given a direction to respondents No.4 and 5 to produce the documents but in spite of that the copy of the permit was not produced which shows that the owner of the vehicle had no route permit, which is a violation of the terms and conditions of the insurance policy and the appellant-Insurance Company is entitled for the recovery rights. He contended that the point regarding permit was not touched at all by the learned Tribunal.