Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 33 of 2011 Appellant :- Mohd. Arshad Respondent :- Bajaj Allianz General Insurance Co. Ltd. & Another Counsel for Appellant :- Islam Ahmad Counsel for Respondent :- Mohd.Wasim,Pranjal Mehrotra,Ram Shiromani Yadav
Hon'ble Dr. Kaushal Jayendra Thaker,J.
I have heard Sri Islam Ahmad, learned counsel for the appellant, Sri Pranjal Mehrotra, learned counsel for the Bajaj Allianz General Insurance Company Ltd. and Sri Mohd. Wasim and Ram Shiromani Yadav, learned counsel for the the complainant.
By way of this appeal appellant challenged the order dated 5.10.2010 passed by Motor Accident Claim Tribunal/Additional District Judge, Court No. 14, Moradabad in Motor Accident Claim Case No. 154 of 2010 against the Award 1,27,000/ against the appellant.
The facts are not necessary and, therefore, not mentioned as it would lengthen the judgment unnecessary. The co-issue for which the owner is before this Court has already been answered by the Apex Court regarding permit being valid or not.
The Tribunal has granted recovery rights to recover the amount paid by the Insurance Company from owner on the ground that there was no valid permit. Sri Islam Ahmad relies on the decision of the Apex Court in U.P. State Road Transport Corporation Ltd. Vs. Krishna Pal 2006 (6) SCC 149 and has submitted that vehicle having not valid permit is considered a fundamental breach of policy. The appellant has produced the copy of the permit. Though, the same was produced before the trial court, the same was not considered.
Be that as it may be, even before this Court, this document has been considered. Under Order 41 Rule 27 of Code of Civil Procedure, 1908, the owner was having valid permit for the route on which the vehicle was being plied. The application under Order 41 Rule 27 is accepted as it is a matter of fact that route permit was there but the same could not be produced before the Tribunal as it was not in the custody of the appellant.
Be that as it may, there is a valid permit and as per the aforesaid judgment rendered in U.P. State Road Transport Corporation Ltd. Vs. Krishna Pal 2006 (6) SCC 149, the appeal is liable to be allowed.
The amount of Rs. 25,000/- deposited if is lying here in the Registry of this Court, the same shall be transmitted to the Tribunal on proper verification. The entire amount will be returned to the appellant by the Tribunal and if the said amount has been disbursed to the Insurance Company the same shall be paid within 12 weeks from today. Further as per order of this Court dated 6.1.2011 the invested amount will be paid to the appellant within four weeks by the Tribunal.
The appeal is allowed. The pending recovery stands quashed. No order as to cost.
The judgment and decree shall stand modified as observed herein above.
Order Date :- 27.2.2018 AK Pandey