Punjab-Haryana High Court
Shri Ram General Insurance Company Ltd vs Aarti And Others on 17 January, 2014
Author: K. Kannan
Bench: K. Kannan
FAO No. 260 of 2014 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No. 260 of 2014 (O&M)
Date of decision: January 17, 2014
Shri Ram General Insurance Company Ltd.
...Appellant
Versus
Aarti and others
...Respondents
CORAM:- HON'BLE MR. JUSTICE K. KANNAN
1. Whether Reporters of local papers may be allowed to see the judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest?
Present: Mr. Tajender K. Joshi, Advocate,
for the appellant.
K. KANNAN, J. (Oral)
CM No. 889 CII of 2014 For the reasons stated in the application, delay in filing the appeal is condoned.
FAO No. 260 of 2004
The appeal by the insurance company is frivolous. The contention raised is that the vehicle was traveling outside the route permitted. It is not a permissible defence under Section 149 of the Motor Vehicle Act. The use of a vehicle outside the permitted area cannot be taken as violation of the terms and conditions of the insurance policy. A permit violation as regard the route gives rise to different consequence of permit being withdrawn by the authorities and does not available the insurance company a plea of exclusion of liability.
The other ground which is urged by the insurance company is Singh Prem 2014.01.22 11:01 I attest to the accuracy and integrity of this document High Court Chandigarh FAO No. 260 of 2014 2 that the Tribunal has granted `10,000/- to the mother for consortium. I would read it as loss for love and affection for a son and this shall not therefore be taken to be so serious for modification of the award.
The appeal is dismissed.
January 17, 2014 (K.KANNAN)
prem JUDGE
Singh Prem
2014.01.22 11:01
I attest to the accuracy and
integrity of this document
High Court Chandigarh