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2014 DIGILAW 157 (PNJ)

Shri Ram General Insurance Company Ltd. v. Aarti

2014-01-17

K.KANNAN

body2014
JUDGMENT Mr. 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 1. 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 A permit violation as regard the route gives rise to different consequence of permit being withdrawn by the authorities and does not available the insurance company a plea of exclusion of liability. 2. The other ground which is urged by the insurance company is that the Tribunal has granted Rs. 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. 3. The appeal is dismissed.