RAJ Vs. RAJBALA AND OTHERS

JUDGEMENT

(1.) This appeal has been filed against the award dated 15.12.2014 passed by the Motor Accident Claims Tribunal, Bhiwani.

(2.) Learned counsel for the appellant has argued that once the vehicle was hypothecated, it was the duty of the respondent No.2-Insurance company to ensure that vehicle was insured and the finding of the tribunal that the appellant would be at liberty to recover damages in appropriate proceedings was wrong and liability should have been foisted on the bank. Learned counsel for the respondent has relied upon the judgment of Hon'ble Supreme Court in case HDFC Bank Ltd. Vs. Kumari Reshma and others, wherein it has been held as under:-

(3.) Learned counsel for the appellant is not in a position to controvert the aforesaid judgment cited by the learned counsel for the respondent. Consequently, the appeal is dismissed.