Court No. - 24
Case :- FIRST APPEAL FROM ORDER No. - 857 of 2006 Appellant :- National Insurance Co. Ltd. Respondent :- Smt. Anarkali & Others Counsel for Appellant :- Anand Kumar Sinha
Hon'ble Saral Srivastava,J.
Heard Sri Anand Kumar Sinha, learned counsel for the appellant.
By means of this appeal, the appellant has challenged the judgement and order dated 22.12.2005 passed by the Motor Accident Claims Tribunal/Additional District Judge, Court No.- 6, Saharanpur in Case No.- 157 of 2002, whereby the Tribunal has awarded Rs.1,77,000/- along with 6% interest as compensation to the claimant/respondents.
Learned counsel for the appellant has contended that the offending vehicle was plied under the lease agreement with U.P.S.R.T.C. and, therefore, the Tribunal was erred in law in fastening liability upon the Insurance Company.
The contention of learned counsel for the appellant has no substance in view of the judgement of Apex Court U.P. State Road Transport Corporation Vs. Kulsum and others, 2011(8) SCC 142 (UPSRTC), Apex Court has held that if there is valid policy with regard to the vehicle, the Insurance Company cannot deny its liability to pay compensation.
Consequently, the appeal lacks merit and is hereby dismissed. There shall be no order as to cost.
Order Date :- 12.9.2018 Israr