JEEVAN SINGH Vs. DHARMA RAM

JUDGEMENT

(1.) The appeal is reported to be barred by 154 days. An application under Sec. 5 of the Limitation Act has been filed for condonation of delay.

(2.) For the reasons stated in the application, the same is allowed. The delay caused in filing the present appeal is condoned.

(3.) The present appeal has been preferred on behalf of the owner of the vehicle in question against the judgment/award dtd. 6/1/2009 vide which while awarding compensation in favour of the claimants, the Insurance Company was held entitled to "Pay and Recover". The said finding was arrived at by the learned Tribunal on the ground that driver of the vehicle possessed a license for a light motor vehicle (LMV) and hence, was not entitled to drive a heavy motor vehicle (HMV). The vehicle in question was a transport vehicle and hence, the learned Tribunal held that the Insurance-Company though would be liable to pay compensation but would be entitled to recover the same from the owner of the vehicle.