M/s Competent Logistics vs Shakuntala Devi And Others

S.K. Mishra, J

The appellant, in this case, has filed this appeal on a very limited ground. His grievance is that originally the Insurance Company had not raised any pleading in the written statement that the driver of the offending vehicle had no valid driving license on the date of accident. Such plea was introduced in the written statement on 11.12.2009. It is also admitted by learned counsel for all the parties that evidences were closed even prior to such allowing amendment. The grievance of the present appellant is that once such a plea is taken in a written statement after closure of evidence of both sides, the learned Presiding Judge of the Tribunal should have granted a reasonable and appropriate opportunity to the petitioner to give rebuttal evidence. Therefore, the learned counsel appearing for the petitioner submits that owner of the vehicle should be given reasonable and adequate opportunity of leading rebuttal evidence.

In that view of the matter, this Court is of the opinion that he should be given reasonable and adequate opportunity of leading rebuttal evidence only on the question of validity of license produced by him. In this case, under Order 41 Rule 27 of the Code of Civil Procedure, the appellant has filed certain documents including the photo copy of the driving license, which has been accepted on record by this Court vide order dated 14.07.2015.

Hence, the appeal is allowed in part. The findings of the Tribunal on all issues are hereby confirmed as they are not challenged. However, this Court sets-aside the findings of the Tribunal on Issue no. 3 i.e. the finding that driver had invalid driving license on the date of accident and the matter is remanded back to the Tribunal for re-hearing on issue no. 3 only. It is made clear that the compensation that has been awarded in favour of the claimant-respondents is not disturbed in any manner. We further direct that the Insurance Company shall deposit the awarded amount before the Tribunal as it is required to do so, even if there is a violation of the terms and conditions of the policy, as envisaged under provisions of Section 149 of the Motor Vehicle Act, 1988, if on ultimate analysis, it is found that the present appellant i.e. owner of the vehicle is liable for violation of the conditions, then it shall recover the awarded amount from the owner. To that extent, final order passed by the Tribunal is also modified. The remand is a closed remand only to decide Issue no. 3. Parties are directed to appear before the Tribunal on 23.12.2021 and produce a certified copy of this order. On such an event, the matter shall be re-heard, as per the directions passed by this Court in the preceding paragraphs. Let the trial Court records be sent back forthwith.

There shall be no order as to costs. Urgent certified copy of this order be granted, as per Rules, on proper application.