AVTAR SINGH CHHABRA Vs. ARUN LAL

JUDGEMENT

(1.) The matters come up for orders on the stay applications filed in S.B. Civil Misc. Appeal Nos.2865/2017, 2863/2017, 2864/2017, 901/2018, 902/2018 and 903/2018.

(2.) Sufficiently stated facts relevant and essential for disposal of the stay applications are noted herein below:-

(3.) The appellant Avtar Singh is the registered owner of the offending vehicle i.e. Truck No. GJ-24-U-2516, which was involved in the road accident dated 06.05.2012 that took place at Delwara- Oriya Road in which the Truck collided with the Motorcycle No. RJ. 24 S.E. 0095 on which Babulal, Parwati Devi and Bharat Kumar were travelling. As a result of the collision, Babulal and Parwati died on the spot, whereas Bharat Kumar sustained injuries. An FIR pertaining to the accident was lodged at the Police Station Abu Parvat. Two separate claim applications (Nos.195/2012 and 196/2012) were filed by the dependents of Babulal and one by the injured Bharat Kumar (No.197/2012) impleading Abhay Singh Deora, the driver, Avtar Singh Chhabra, registered owner, Panku Devi, the alleged transferee of the offending vehicle and the insurer Oriental Insurance Company Ltd. as respondents. The respondent Insurance Company, took a pertinent plea in its reply that the vehicle was not being plied under a valid permit because the permit which was relied upon by the respondents was issued by the Regional Transport Authority, Ahmedabad whereas the accident took place within the jurisdiction of the Rajasthan State.