JUDGMENT : Mansoor Ahmad Mir, J. This appeal is directed against the judgment and award dated 19.5.2010, made by the Motor Accident Claims Tribunal, Kullu, H.P. in Claim Petition No. 35 of 2008, titled Mehar Chand versus Shri Ram Dhan and others, for short “the Tribunal”, whereby compensation to the tune of Rs.2,31,000/- alongwith interest @ 7% per annum came to be granted in favour of the claimant, and insurer was directed to satisfy the award with right of recovery from the insured/appellant herein, hereinafter referred to as “the impugned award”, for short. 2. Insurer, claimant and driver have not questioned the impugned award on any ground. Thus, the same has attained the finality so far as it relates to them. 3. Only the owner Ram Dhan has questioned the impugned award on the ground that the Tribunal has fallen in an error in granting the right of recovery. Thus, the only question to be determined in this appeal is whether the right of recovery has been rightly granted? 4. Unfortunately, the appellant/insured has not placed on record certain documents which he is intending to place on record now by the medium of CMP No.681 of 2010. It is moot question whether that can be taken on record at this stage. 5. The route permit is also not on record. It is also a question whether plying of the vehicle in breach of route permit can be said to be a breach. However, I deem it proper to set aside the impugned award so far as it relates to granting the right of recovery and findings on issue No.4. 6. It is apt to record herein that the amount awarded is adequate. 7. The Tribunal is directed to decide issue No.4 afresh, after affording opportunity to the owner as well as the insurer to lead evidence in support of their contentions. 8. At this stage, Mr. B.M. Chauhan, Advocate, stated at the Bar that the amount stands already deposited before the Tribunal. The amount be released in favour of the claimant, if not already, released, which shall be subject to the findings returned on issue No. 4 by the Tribunal. 9. Parties are directed to cause appearance before the Tribunal on 27th June, 2016. 10. Let the entire exercise be done by the Tribunal, within two months w.e.f. 27.6.2016. 11. The appeal is accordingly, disposed of.
9. Parties are directed to cause appearance before the Tribunal on 27th June, 2016. 10. Let the entire exercise be done by the Tribunal, within two months w.e.f. 27.6.2016. 11. The appeal is accordingly, disposed of. Send down the record forthwith, after placing a copy of this judgment.