KIRAN SINGH Vs. SARJU VERMA

JUDGEMENT

(1.) We have heard the learned counsels appearing for the parties and with their consent this appeal is being disposed of at the admission stage.

(2.) The appellant, who is owner of the vehicle has preferred this appeal against the judgment and award dated 29th March, 2008 passed by Motor Accident Claims Tribunal, Giridih in Claim Case No. 18 of 2006 whereby the Tribunal directed the appellant- owner to pay the compensation amount and exonerated the respondent-Insurance Company from its liability.

(3.) The facts of the case lie in a narrow compass : - The deceased, Rajesh Verma, aged about 21 years, was dashed by a truck bearing registration No. BR-06F/9385 while he was going in a bicycle on the unfateful date of accident i.e. oh 9-4-2006. The claimant filed claim application, for the grant of compensation, against the owner of the vehicle and against the insurer of the truck. The owner of the vehicle filed written statement stating, inter alia, that the vehicle was duly insured with the respondent-Insurance Company and in the event any compensation is awarded, the same shall be payable by the Insurance Company. The Insurance Company on the other hand filed written statement and took the usual defence that the owner shall produce the driving licence, road permit etc. of the offending vehicle without which the Insurance Company shall have no liability. The Tribunal framed several issues. One of the issues which was under challenge is issue No. 5 i.e. "Whether the owner of the truck possessed all the documents of the truck i.e. Insurance policy, R.C. Book, Road Permit, driving licence etc." While deciding this issue the Tribunal found that the Road Permit (Ext. B) was granted to ply the vehicle from Muzaffarpur to Tata and back via Koderma, Hazaribag, Ramgarh and Ranchi either directly or with shortest route. The said accident took place at Pachambha about 4 K.M. away form Giridih and 120 K.M. away from Koderma. The Tribunal held that the accident took place at a place outside the route mentioned in the Road Permit which exonerated the Insurance Company from its liability for payment of compensation.