U.P.S.R.T.C. Thru' Regional ... vs Anwar Khan & Others
2013 Latest Caselaw 2016 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 333 of 2011
 

 
Petitioner :- U.P.S.R.T.C. Thru' Regional Manager Regional Office
 
Respondent :- Anwar Khan & Others
 
Petitioner Counsel :- M.M. Sahai
 
Respondent Counsel :- Raj Kamal Srivastava
 

 
Hon'ble Rajes Kumar,J.

Sri Raj Kamal Srivastava, Advocate, appears on behalf of respondent no. 3.

The appellant is the owner of bus, bearing registration no. U.A.-07K 0541, which is insured with respondent no. 3. The Tribunal has fastened the entire liability on the owner of the vehicle and further held that since the vehicle did not possess the permit, therefore, there was a breach of policy  and the Insurance Company though held liable to pay but right to recovery has been given. The contention of learned counsel for the appellant is that there was a head on collision between the bus and truck and thus, there was a contributory negligence. Though the Tribunal has observed that there was a negligence on the part of the driver of the truck but no benefit has been given in this regard. He submitted that so far as permit is concerned, the appellant being the State Road Transport Corporation is entitled for the benefit of Section 66 of the Motor Vehicles Act, but the said plea has not been accepted by the Tribunal.

Until further orders, the realization of compensation from the appellant shall remain stayed.

Order Date :- 13.5.2013

OP