OM PRAKASH JAIN Vs. SITA

JUDGEMENT

(1.) Since the controversy involved in both the misc. appeals arise out of a common judgment and award, hence same are being decided together.

(2.) Both the appeals have been filed against the judgment and award dtd. 11/11/2013 passed by the Motor Accident Claims Tribunal (Special Judge), Jaipur in MAC case No.181/2011 by which the claim petition filed by the claimants was allowed, but the Insurance Company has been exonerated from its liability to make the payment of compensation and the driver and owner of the vehicle have been directed to pay the amount of compensation as determined by the Tribunal.

(3.) Learned counsel for the appellant-owner of the vehicle as well as counsel for the claimants-appellants submit that while deciding the issue No.3, the Tribunal has held that there was no permit of the vehicle and only on this ground the Insurance Company has been exonerated from its liability. They further submit that the issued involved in these appeals have already been decided by the Hon'ble Apex Court in the case of Amrit Paul Singh and anr. v. TATA AIG General Insurance Company ltd. and Ors. Reported in AIR 2018 SC 2662. Learned counsel further submit that following the aforesaid judgment, the Co- ordinate Bench of this Court has also decided the issue in the case of United India Insurance Company Ltd. v. Smt. Sonia and Ors. In SB Civil Misc. Appeal No.1679/2019, whereby the Coordinate Bench of this Court directed the Insurance Company to pay the amount of compensation to the claimants and also directed to recover the amount from the driver/owner of the vehicle.