NATIONAL INSURANCE CO. LTD Vs. SANJAY RAJAK

JUDGEMENT

(1.) Heard the learned counsel for the parties.

(2.) The only surviving issue before this Court is, "whether the Insurance Company can avoid his liability vis-a-vis owner of the offending vehicle i.e. right to recovery may be granted to the appellant Insurance Company or not?"

(3.) Brief facts as appears from the pleading and argument of the parties that an accident has taken place with the Tractor bearing Registration No.JH-09R3924 and ten years old child has died on 25/9/2014.