BANSILAL DAYARAMJI PRAJAPATI Vs. KANTILAL SHANKERDAS PRAJAPATI

JUDGEMENT

(1.) The present appeal has been filed for quashing and setting aside the judgment and award passed by the learned Motor Accident Claims Tribunal (Aux.-II), Mahesana at Visnagar in Motor Accident Claim Petition No.63/2014 dtd. 4/10/2022.

(2.) Mr. V.B. Malik, learned advocate for the appellant submitted that the final copy of the judgment, which was uploaded on 4/10/2022 is not consistent with the judgment uploaded on 26/9/2022, copy of which is produced in Civil Application No.2 of 2023 in First Appeal No.770 of 2023. Mr. Malik submitted that in the said judgment, the joint and several liability of opponent nos.1 and 2 was held by the Tribunal, where compensation amount of Rs.14,54,000.00 has been awarded to the claimant at 9% interest. He submits that later on without informing the owner of the vehicle i.e. the present appellant, the learned Tribunal suddenly changed the judgment by exonerating the Insurance Company, which was pronounced on 4/10/2022 without giving any opportunity to the owner of the Dumper bearing No.GJ- 09-X-8110 to even prove that the driver was holding a valid license on the date of accident.

(3.) Advocate Mr. Malik further submitted that the liability aspect was noted by the Tribunal, which lay down the joint liability, while suddenly the Tribunal went on to observe the defence taken by the opponent no.2 - Insurance Company that the driver of the Dumper was not holding valid license and, therefore, a prayer was made to exonerate the Insurance Company. The Insurance Company had examined Mr. Badarsinh Bhavansinh Parmar, the driver of Dumber bearing No. GJ- 09-X-8110 at Exh.59, who admitted that he was not holding a valid driving license on the date of accident, and the license expired on 5/2/2008.