VIJAY KUMARI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) All the aforesaid appeals are being decided by one common judgment, since common questions of law and fact are involved in the same. The undisputed facts are that Smt. Vijay Kumari (hereinafter referred to as the owner) was owner of two buses being Bus No. HP48-1112 and HP48-1811. Bus No. HP 48-1112 met with an accident on 21st February, 2007 at a place known as Chabdu near Brangal in Chamba District. Claim petitions were filed by the persons insured/legal representatives of the deceased. In these claim petitions an objection was raised by the insurance company that the owner did not have a route permit to ply the bus in question on the Chamba Brangal Chamba Bhalei route in which the accident had occurred. The stand of the owner was that she owned two buses. As far as Bus No. HP 48-1112 is concerned, the route permit authorized this bus to be driven on the Chamba Bhanjraru Chamba Sundla, Koti route which admittedly does not cover the station where the accident took place. The other bus, i.e. Bus No. HP48-1811 had a route permit for Chamba Brangal Chamba Bhalei which was to cross at the place known as Chabdu.

(2.) In the first set of appeal filed by the owner that MACT held that the bus did not have a valid route permit and therefore gave a right to the insurance company to recover the awarded amount from the owner. Thereafter this Court dealt with this issue in CWP No. 637 of 2005, Shiv Kumar Kaul v. State of H.P. and Others, following this decision in the case decided thereafter the Tribunal held that there was a valid route permit and therefore the insurance company was liable to satisfy the award. The second set of appeals by the insurance company is against these award(s).

(3.) The issue whether the State should give route permits specific to a particular bus, or whether the route permits should be for the fleet of one owner came up for consideration before a Division of this Court in a group of matters. The Division Bench of this Court while deciding the aforesaid bunch of cases in CWP No. 637 of 2005 titled as Shiv Kumar Kaul v. State of H.P. and Others and Another connected matters disposed of these petitions in the following terms:--