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Judgment
J.R. Midha, J
The appellant has challenged the award dated 4th September, 2013 whereby the Claims Tribunal awarded the compensation of Rs.44,38,116/-to the
claimants.
The Claims Tribunal granted recovery rights to the insurance company to recover the award amount on the ground that appellant was not having
fitness certificate in respect of the offending vehicle. The appellant is aggrieved by the recovery rights granted by the Claims Tribunal against the
appellant.
Learned counsel for the appellant submits that the appellant has led the additional evidence of the Road Transport Office to prove the valid fitness
certificate. Reference is made to the statement of AW-1/1 from Road Transport Office, Ajmer who proved the fitness certificate Ex.AW-1/2 as well
as entry of the fitness certificate in the record as Ex.AW-1/3.
No rebuttal evidence has been led by respondent No.1. The appeal is allowed and the recovery rights granted by the Claims Tribunal to respondent
No.1 are hereby set aside. The pending applications are disposed of.
The statutory amount be refunded back to the appellant along with the interest accrued thereon.
Copy of this judgment be given dasti to counsels for the parties under signature of Court Master.