HULSIBAI Vs. MOHANLAL

JUDGEMENT

(1.) Being aggrieved by the award dated 18.4.2002 passed by IV MACT, Mandsaur in calim case No. 92/2000 whereby the claim petition filed by the appellants was allowed in part and a sum of Rs..1,66,000/- was awarded against respondent No.1 and respondent No.2 was exonerated, the present appeal has been filed.

(2.) During pendency of the appeal, an application was filed by the respondent No.1 under Order XLI Rule 27 CPC which is marked as I.A.No. 10684/06 along with a copy of the licence to demonstrate that respondent No.1 was having valid driving licence. Time was sought by the respondent No.2 to verify the validity of the licence. Today again further time is prayed to verify the licence. Since respondent No.1 has filed the copy of the licence and if it is ultimately found that respondent No.1 was having a valid driving licence, then too without recording any evidence, the claim petition cannot be decided. Since the driving licence is a material document for fixing the liability of respondent No.2 and the application is filed belated, therefore, the application is allowed and consequently the appeal is allowed and the award is set aside. Subject to payment of cost of Rs.2,000/-, case is remanded. Parties are directed to remain present before the learned Tribunal on 7.5.2007. After giving an opportunity to lead further evidence, the learned Tribunal shall decide the claim petition within a period of six months.