National Insurance Company Ltd. vs Sunta Ahirwar

A.K. Sharma, J.—Arguments heard. This appeal has been filed by the Insurance Company u/s 173 of the Motor Vehicles Act against the award dated 27.9.2005 passed in Claim Case No. 35/2004 by learned Motor Accident Claims Tribunal, Naugaon, District Chhatarpur (M.P.) by holding the liability of the Insurance Company for payment of compensation of Rs. 20,000/- with interest on the ground that the Insurance Company has failed to prove that the driver was not having proper driving licence for driving the vehicle.

The only question involved in the appeal is that whether the learned Tribunal is justified in holding the Insurance Company responsible for payment of claim amount on the ground that the Insurance Company has failed to prove that the driver of the vehicle was not having proper driving licence on the date of accident.

Learned counsel for the appellant has further submitted that the learned Tribunal has rejected the application dated 23.8.2005 filed by the Insurance Company by order dated 14.9.2005 for permitting the Insurance Company to examine the RTO, Jabalpur for verification of the particulars of the driving licence which has already been produced by the appellant/Insurance Company in the Tribunal.

Learned counsel for the appellant has submitted that an opportunity of adducing evidence should have been given to the Insurance Company to enable the Insurance Company to prove its defence.

Considering the fact that the learned Tribunal is not justified in rejecting the application of the Insurance Company for producing the RTO, Jabalpur in evidence for verification of particulars of driving licence of the driver, therefore, to afford opportunity for adducing the defence to the appellant/Insurance Company, the appeal is allowed. Impugned award is set aside and the matter is remanded back to the Tribunal for deciding afresh after giving an opportunity to the appellant/Insurance Company for adducing evidence with regard to particulars of the driving licence of the driver.

The Insurance Company has deposited Rs. 10,000/- out of the claim amount. Even if, the liability for payment of compensation is fixed upon the owner and driver, the Insurance Company has to deposit the amount of compensation on the principle of pay and recover, therefore, the appellant/Insurance Company is directed to deposit the whole of claim amount i.e. Rs. 20,000/- + interest till today in the Tribunal and the Tribunal shall deposit the amount in the Fixed Deposit for a period of one year to be paid to the claimants after disposal of the claim petition. No order as to costs.