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Judgment
N.K. Patil, J.—This appeal by the appellant-Insurer is directed against the impugned judgment and award dated 26/03/2007 passed in MVC No. 5520/2004 by the Judge, Court of Small Causes and Member, Motor ''Accident Claims Tribunal, Bangalore (SCCH-9), (hereinafter referred to as ''Tribunal'' for short). By its judgment and award, the Tribunal has awarded a sum of Rs. 6,88,000/- with interest at 6% p.a., from the date of petition till realization as against the claim made by the claimants for a sum of Rs. 10/- lakhs, on account of the death of the deceased Sri. Prakash M. Raiborde in the road traffic accident.
The undisputed facts of the case is, the occurrence of the accident on 2.1.2004 at about 12.40 p.m. and the resultant death of the deceased Sri. Prakash M. Raiborde, on account of the rash and negligent driving by the driver of the offending vehicle. On account of the death of the deceased Sri. Prakash M. Raiborde, claimants have filed a claim petition before the Tribunal u/s 166 of M.V. Act, claiming compensation.
In order to substantiate their case, the claimants have examined claimant No. 1 as PW1 and ''got. marked 10 documents as per Exs.Pl to P10. On the other hand, the Insurer has examined two witnesses as RWs- 1 and 2 and got marked 7 documents as per Exs.R1 to 7.
The said claim petition had come up for consideration before the Tribunal. The Tribunal, after hearing the learned counsel for both the parties and after appreciating the oral and documentary evidence available on file, has allowed the said petition in part and awarded the compensation of Rs. 6,88,000/- with interest at 6% p.a., from the date of petition till its realization, directing the insurer to satisfy the award amount.
Being aggrieved by the judgment and award passed by the Tribunal, the appellant-Insurer has presented this appeal, contending that the direction issued by the Tribunal to the Insurer to satisfy the award is not sustainable and is liable to be set aside, on the ground that, as per Ex.R7-Endorsement issued by the jurisdictional RTO, the driver of the offending vehicle does not possess effective DL as on the date of the accident and according to which, he was holding licence from 6.2.1998 to 5.2.2001 and neither the claimants have produced any documents nor the owner has produced the DL who has intentionally and deliberately remained exparte before the Tribunal.
We have heard learned counsel for the parties.
Learned counsel for the claimants, at the outset submitted that the judgment and award passed by the Tribunal may be set aside and the matter may be remitted back to the Tribunal to enable them to file necessary application for leading additional oral and documentary evidence and also for producing the endorsement from the jurisdictional RTO to show that driver of the offending vehicle is not disabled or disqualified or he has been prohibited by any Court of law and due to laches on the part of the counsel for the claimants, they cannot be suffered. We find some substance in the submissions made by learned counsel for claimants. It is a fact that, though the owner of the offending vehicle was served, he was un-represented and not entered the witness box. The presence and evidence of the owner is essential to determine just and reasonable compensation on account of the death of the deceased in the road traffic accident. Taking all these factors into consideration, we are of the considered view that the matter requires reconsideration by the Tribunal. Therefore, without expressing any opinion on the merits and demerits of this case, the appeal filed by the appellant is allowed in part.
The impugned judgment and award dated 26/03/2007 passed in MVC No. 5520/2004 by the Judge, Court of Small Causes and Member, Motor Accident Claims Tribunal, Bangalore (SCCH-9), is hereby set aside and the matter stands remitted back to the Tribunal for reconsideration afresh, with a direction to pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the claimants, owner and Insurer of the offending vehicle and dispose of the same, as expeditiously as possible, at any rate, within a period of six months from the date of applications to be filed by the parties to lead further evidence both oral and documentary.
The claimant, owner and Insurer of the offending vehicle are permitted to file their applications before the Tribunal to lead further evidence both oral and documentary within a period of four weeks from'' the date of receipt of a copy of this judgment.
The claimant, owner and Insurer of the offending vehicle are directed to appear before the Tribunal either personally or through their counsel on 3rd January 2013 to take further dates of hearing.
The Registry is directed to refund the amount deposited by the Insurer to the Insurer immediately Office is directed to return the entire original records to the Tribunal forthwith. Ordered accordingly.