National Insurance Co. Ltd. vs Radha Singh & Ors
2022 Latest Caselaw 3543 Jhar

                 IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                      M.A. No. 364 of 2016
          National Insurance Co. Ltd., Dhanbad                                 ... ...Appellant

                                               -V e r s u s -
          Radha Singh & Ors.                                                   ... ... Respondents
                                .......

CORAM: - THE HON'BLE MR. JUSTICE DR. S.N.PATHAK For the Appellant : Mr. Alok Lal, Advocate For the Resp. Nos.1 to 3: Mr. Rajiv Kr. Karan, Advocate Mr. M.B. Lal, Advocate .......

07/ 05.09.2022 Heard the parties.

It has been vociferously argued by Mr. Alok Lal, learned counsel for the appellant that the learned Court below awarded the compensation amount without appreciating the fact that the owner was not having the road permit though issue No. (vi) clearly speaks that, "whether the truck bearing registration No. WB-41-8056 had valid and effective permit at the time of accident?".

In para-11 of the award it has been observed that as per Section 66 of the MV ACT no one can ply any vehicle without having a valid and effective permit if required. Defendant no. 1 owner of the truck stated nothing regarding the permit of the offending vehicle. Therefore, adverse inference will be drawn against defendant No. 1.

Mr. Alok Lal further submits that admittedly permit cannot come in the way of granting compensation but an order to that effect ought to have been passed taking into consideration the judgment passed by the Hon'ble Apex Court in case of Pappu and Ors. v. Vinod Kumar Lamba and Anr. [(2018) 3 SCC 208].

Let notices be issued upon respondent No. 4, through Registered Cover with A/D as well as under Ordinary Process, for which requisites, etc. must be filed within a period of two weeks.

List this case thereafter.

(Dr. S.N. Pathak, J.) kunal/-