Monday, April 18, 2022

Order directing insurance company to pay and thereafter recover compensation from owner of vehicle, not proper- Supreme Court

Compensation - Pay and recover - Challenge as to - Appellant-owner of offending vehicle aggrieved by order of Tribunal granting liberty to respondent insurance company to recover amount of compensation from him - Plea of owner that he engaged driver on basis of license shown to him by driver - No official from RTO office was examined by any of parties to prove/disprove that endorsement of renewal of licence of driver of vehicle was fake - Admittedly, evidence of owner and driver of vehicle was closed on ground that they had already led evidence - However, owner of vehicle could not lead any evidence due to constant strikes by transporters and imposition of curfew in city - Order directing insurance company to pay and thereafter recover compensation from owner of vehicle, not proper - Matter remitted back for fresh consideration.

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