Tejinder Singh & ANR v. Rajwinder Kaur & ORS

FAO-8534-2014 (O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-8534-2014 (O&M) Date of Decision: October 01, 2019 Tejinder Singh and another .....Appellants

Versus

Rajwinder Kaur and others ......Respondents CORAM: HON'BLE MS.JUSTICE NIRMALJIT KAUR

Present:

Mr.Sahil Khunger, Advocate for the appellants.

Mr.Mandeep Singh Dhaliwal, Advocate for respondent Nos.1 to 4.

Mr.Banni Thomas, Advocate for respondent No.5-Insurance Company.

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NIRMALJIT KAUR, J. (ORAL) The present appeal is filed by the appellants, i.e. driver and owner of the vehicle against the impugned award dated 14.05.2013 passed by the Motor Accident Claims Tribunal, Sangrur, vide which recovery rights have been given to the Insurance Company.

Learned counsel for the appellants prays that recovery rights have been granted to the Insurance Company on the ground that the appellant No.1 (driver) did not have the permit for plying the said vehicle in State of Punjab although it is admitted that he had the permit for State of Haryana.

The respondents do not dispute that the issue involved herein is squarely covered by the case of ICICI Lombard General Motor Insurance Company Ltd. vs Vijaya Chhabra and others, 2016 (3) PLR

FAO-8534-2014 (O&M) -2399.

In view of the admitted position, the Award dated 14.05.2013 is set aside only to the extent vide which the recovery rights have been granted to the respondent-Insurance Company.

Allowed as above.

October 01, 2019 ( NIRMALJIT KAUR ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No