HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- FIRST APPEAL FROM ORDER No. - 1715 of 2012 Petitioner :- Manager N.D. Girls Intermediate College Respondent :- Kalka And Another Petitioner Counsel :- S.D.S. Jadaun,Manish Tandon Hon'ble Rajes Kumar,J.
Hon'ble Anil Kumar Sharma,J.
Learned counsel for the appellant submitted that the vehicle belongs to the institution and, therefore, the permit was not required. He further submitted that under Section 66 (3) (1) (p) of the Motor Vehicles Act, there is an exemption from taking the permit in case if the vehicle is going for repairing purposes. It is admitted by the Tribunal that the vehicle was going for repairing purposes. The vehicle was duly insured and there was no breach of the policy and, therefore, the liability is on the Insurance Company to pay the compensation. He further submitted that the Insurance Company has deposited the entire amount of compensation, therefore, the right to recover from the appellant is not justified.
Admit.
Issue notice to respondent nos. 1 and 2.
Until further orders of this Court, the realization of the amount from the appellant shall remain stayed.
Order Date :- 1.5.2012 OP