NATIONAL INSURANCE COMPANY LTD. Vs. SHUBHDA SRINIWAS RAO

JUDGEMENT

(1.) Learned counsel for the appellant prays for and is permitted to carry out necessary correction in page Nos. 3 and 6 of the memo of appeal, in course of day.

(2.) Learned counsel for the appellant is aggrieved from the judgment and award dtd. 5/10/2013, passed by the District Judge-II-cum-Motor Vehicles Accident Claims Tribunal, Jamshedpur, in Compensation Case No. 124 of 2008, whereby the appellant was directed to pay the compensation amount of Rs.23,13,296.00 with interest @ 6% payable, from the date of filing of the application, within two month failing which it has to pay interest @ 10% till realization or payment of the award.

(3.) Learned counsel, for the appellant/National Insurance Company, Limited, has submitted that the Court below has failed to appreciate that the owner of the vehicle did not appear and the appellant/insurance company had taken a specific plea that the truck bearing registration No. WB 41-B 5885 was being plied without a valid permit. It is submitted that supplementary affidavit containing the reports of the surveyor and the letter of the transport authority of West Bengal, reveals that the aforesaid vehicle was being plied on a fake permit. That in such circumstances, the Court below should have fastened the liability on the owner or given the right of recovery to the insurer-appellant.