Smt. Nitima Kui Sidu and Others vs The Oriental Insurance Company Ltd., Gopal Tudu and Surendra Gope <BR> Gopal Tudu Vs Smt. Nitima Kui Sidu and Others

Since these two appeals, one filed by the claimant and another filed by the owner of the vehicle, arise out of the common judgment and award they have been heard together and are disposed of at the admission stage.

By the impugned judgment and award passed by the Motor Accident Claims Tribunal, West Singhbhum at Chaibasa in Compensation Case No. 25 of 2005, the owner of the vehicle was directed to pay the compensation amount on the ground that the driver driving the vehicle was not holding a driving licence to drive heavy motor vehicles.

In M.A. No. 382 of 2006 the claimants-appellants assailed the impugned judgment and award on the ground that the Tribunal ought to have directed the Insurance Company to pay the compensation amount and recover the same from the owner of the vehicle.

Mr. P.P.N. Roy, learned Counsel appearing for the owner-appellant in M.A. No. 366 of 2006 has drawn our attention to the Owner Book of the truck which was involved in the accident and submitted that the unloaded weight of the vehicle is 4230 K.G. and, therefore, it comes within the definition of Light Motor Vehicle. Learned Counsel relied upon a decision of the Supreme Court reported in 2008 (1) Supreme 378 (National Insurance Co. Ltd. v. Annappa Nesaria and Ors.).

Mrs. Banani Verma on the other hand submitted that the Owner Book referred to herein above was not produced before the Court below as a result of which no evidence was recorded by the Tribunal as to whether the Truck in question is a Light Motor Vehicle or Heavy Motor Vehicle.

In the facts and circumstances of the case, we are of the view that a finding has to be recorded as to whether the vehicle in question comes within the definition of Light Motor Vehicle for the purpose of recording a conclusive finding as to the authority of the driver to drive such vehicle.

We, therefore, set aside the finding recorded by the Tribunal with regard to liability of the owner vis-a-vis the Insurance Company and remit the matter back to the Tribunal to record a fresh finding on the issue of liability and pass an order in accordance with law.

Needless to say that the parties shall be at liberty to lead evidence only on the issue of liability of the owner vis-a-vis the Insurance Company.

It is expected that the Tribunal shall dispose of the case as expeditiously as possible and preferably within a period of four months from the date of receipt of copy of this order.