Punjab-Haryana High Court
Hans Raj Chaudhary S/O Lahri Ram R/O Jat ... vs Smt. Nanhi Devi Wd/O Munna Lal on 21 September, 2012
Author: K. Kannan
Bench: K. Kannan
FAO No.2213 of 2011(O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.2213 of 2011(O&M)
Date of Decision: 21.09.2012
Hans Raj Chaudhary s/o Lahri Ram r/o Jat Behror, District
Mundawar Distt. Alwar, at present resident of H.No.322, Model
Town, Rewari.
... Appellant
Versus
Smt. Nanhi Devi wd/o Munna Lal, resident of Mayora Bilyan
District Hardoi (UP) and others.
... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present: Mr. Munish Gupta, Advocate for
Mr. P.K. Gupta, Advocate,
for the appellant.
Mr. R.M. Suri, Advocate,
for respondent 7/insurance company.
*****
1. Whether reporters of local papers may be allowed to
see the judgment? YES
2. To be referred to the reporters or not? YES
3. Whether the judgment should be reported in the
digest? YES
K. KANNAN, J. (Oral)
1. The appeal by the owner is against a direction excluding the liability of the insurance company on the ground that the vehicle was seen being driven outside the route permit. This issue of whether such a violation of permit could constitute exoneration of liability under Section 149 of the Motor Vehicles Act, has been dealt with in several decisions of this Court and the counsel presents before me the view taken by this Court in a recent judgment in Future General Insurance Co. Ltd. v. Smt. Surjo Devi and others in FAO No.4474 of 2012 dated FAO No.2213 of 2011(O&M) [2] 11.09.2012. The law is too well settled to make a deviation and I would hold exoneration of liability given was impermissible.
2. The counsel appearing on behalf of the insurance company still insist that Sections 66 and 69 of the Motor Vehicles Act set out the various terms of permit and one of the terms is that be that the vehicle could traverse only within the area allowed in the permit. The language used in Section 149 that sets out the permissible defences employs the expression of user of a vehicle "for a purpose not allowed by the permit". The purpose of the permit is not the same thing as condition in the permit. The legislature has employed a language restricting it only to violation of purpose of permit. The MV Act, being a beneficial legislation, the issue of liability should be interpreted to the benefit of claimant and to the extent to which the owner obtains indemnity, it makes possible the prospect of recovery so much easier.
3. The award stands modified and the appeal is allowed casting the liability wholly on the insurance company and provide for a right of indemnity to the insured. The amount which has been deposited by the insured at the time of preferring the appeal is permitted to be withdrawn by the insured.
21st September, 2012 ( K. KANNAN ) Rajan JUDGE