Delhi High Court
The New India Assurance Company ... vs Sunil Kumar Jha & Ors. on 31 October, 2012
Author: G.P. Mittal
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: 31st October, 2012
+ MAC.APP. 429/2012
THE NEW INDIA ASSURANCE COMPANY LTD ..... Appellant
Through: Mr. K.K.Bhat, Adv.
versus
SUNIL KUMAR JHA & ORS. ..... Respondents
Through: Mr. Neelam Sharan, Adv. for R-1.
Mr. Yash Palkhanna, Adv. for R2 & 3.
CORAM:
HON'BLE MR. JUSTICE G.P.MITTAL
JUDGMENT
G. P. MITTAL, J. (ORAL)
CM APPL. No.7027/2012
Delay of 48 days in filing the Appeal is condoned.
The application is allowed.
MAC.APP. 429/2012
1. By virtue of this Appeal the Appellant Insurance Company impugns the
judgment dated 26.11.2011 passed by the Motor Accident Claims
Tribunal (the Claims Tribunal) whereby while awarding a compensation
of Rs.13,07,000/-, the Appellant's plea of breach of the terms and
conditions of the policy was rejected.
2. The only ground urged is that the owner of the offending vehicle i.e.
Respondent No.3 herein did not possess any permit to ply the same and
thus Respondent No.3 committed breach of the terms and conditions of
the policy as laid down in Section 149 (2)(a)(i)(c) of the Motor Vehicles
Act (the Act) which form part of the insurance policy. The learned
counsel for Respondents No.2 and 3 opposes the Appeal and places
reliance on Section 66 sub-section 3 clause (i) of the Act whereby goods
vehicles upto the gross weight of 3000 kgs. is exempted from filing any
permit. Section 66 of the Act is extracted hereunder:-
"66. Necessity for permits.-(1) No owner of a motor vehicle shall
use or permit the use of the vehicle as a transport vehicle in any
public place whether or not such vehicle is actually carrying any
passengers or goods save in accordance with the conditions of a
permit granted or countersigned by a Regional or State Transport
Authority or any prescribed authority authorising him the use of
the vehicle in that place in the manner in which the vehicle is being
used:
Provided that a stage carriage permit shall, subject to any
conditions that may be specified in the permit, authorise the use of
the vehicle as a contact carriage:
Provided further that a stage carriage permit may, subject to any
conditions that may be specified in the permit, authorise the use of
the vehicle as a goods carriage either when carrying passengers or
not:
Provided also that a goods carriage permit shall, subject to any
conditions that may be specified in the permit, authorise the holder
to use the vehicle for the carriage of goods for or in connection
with a trade or business carried on by him.
(2) ......
(3) The provisions of sub-section (1) shall not apply-
(a) ...
(b) ...
(c) ....
(d).....
(e).....
(f).....
(g).....
(i) to any goods vehicle, the gross vehicle weight of which does not
exceed 3,000 kilograms;
(j) .....
(k) ....."
3. From sub-section 3(i) of Section 66 of the Act it is evident that
Respondent No.3 did not require any permit to ply the offending vehicle
as its weight was only 2400 kgs
4. There is no question of any breach of the terms and conditions of the
policy. Therefore, the Appeal has to fail; the same is accordingly
dismissed.
5. The statutory deposit of `25,000/- shall be refunded to the Appellant
Insurance company.
6. The amount deposited shall be disbursed in favour of the First
Respondent in terms of the order passed by the Claims Tribunal.
7. CM APPL.No.7206/2012 and CM APPL. 7204/2012 stand dismissed.
(G.P. MITTAL)
JUDGE
OCTOBER 31, 2012
mm
