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Judgment
Reva Khetrapal, J.—The prayer in MAC. APP. No. 737/2010 is for modification of the award of the learned Tribunal dated 29.09.2009 in petition No. 397/2008 by setting aside the ex-parte order passed against the Appellant and taking on record the certified copy of the driving license which is stated to be valid on the date of the accident. The alternative prayer is for remanding back the case to the learned Tribunal to enable the Appellant to prove that the driving license was valid on the date of the accident.
At the outset, it may be mentioned that MAC. APP. No. 737/2010 is a cross-appeal to MAC. APP. No. 2/2010 filed by the Insurance Company on the ground that the driving license of the driver (the Appellant in MAC. APP. No. 737/2010) had not been renewed on the date of the accident. Thus, the only issue which arises in both the appeals is as to whether the driving license of the driver had been renewed subsequent to 02.11.1995 when it had expired.
By an order dated January 24, 2011, the Appellant in MAC. APP. No. 737/2010 was allowed to adduce additional evidence on his application under Order XLI Rule 27 CPC by summoning the concerned official from the Sheikh Sarai Transport Authority in order to enable him to prove that he had a valid driving license on the date of the accident, i.e., on 26th August, 1996.
On 23.02.2011, one Shri Mahesh Verma, Inspector, Transport Department (South Zone), Sheikh Sarai, New Delhi appeared as AW1 with the official record of driving license No. C-95120915, who deposed that the said license was issued in the name of Mr. Ranjeet Rai (the Appellant in MAC. APP. No. 737/2010), son of Shri B. Rai, resident of 40, Hauz Khas, New Delhi-110016 in the category of "HMV" only. He further testified that the aforesaid license was renewed on 22.12.1995 and its validity thereafter was up to 21.12.1998. He placed on record a photocopy of the original license renewing record. Although cross-examined at great length by the learned Counsel for the Respondent No. 1, the testimony of this witness remained unshaken.
Thus, it stands proved on record that on the date of accident, i.e., on 26.08.1996, the Appellant had a valid driving license for driving "Heavy Motor Vehicle".
The only contention of the Insurance Company before the learned Tribunal was that on the date of accident the driver was not holding a valid D.L. as the same was not got renewed. The learned Tribunal while holding that it was not known if the driving license was got renewed after the date of its expiry on 02.11.1995, nevertheless held that the Insurance Company was not entitled for any recovery rights for the reason that the driver was holding a valid D.L. till 02.11.1995, which license was initially issued on 13.04.1990 and so the driver was not a novice in his profession. As already stated above, aggrieved by this finding the Insurance Company preferred an appeal claiming recovery rights, being MAC APP. No. 2/2010, and MAC. APP. No. 737/2010 was preferred by the Appellant - driver by way of a cross-appeal to the said appeal filed by the Insurance Company.
In view of the fact that it now stands established on record that the driving license of the Appellant was got renewed by him for driving a "Heavy Motor Vehicle" there is no manner of doubt that the Insurance Company cannot be granted recovery rights in respect of the award amount. In the aforesaid facts and circumstances, MAC. APP. No. 737/2010 is allowed and MAC. APP. No. 2/2010 stands dismissed. CM Nos. 75/2010 and 12830/2010 also stand disposed of.
In both the appeals, the Appellants shall be entitled to the release of sum of Rs. 25,000/- each deposited in this Court as statutory deposit by them.
A copy of this order be given dasti to the counsel for both the parties, as prayed.