BRIJMOHAN SHARMA Vs. DILEEP SINGH AND OTHERS

JUDGEMENT

(1.) Present appeal has been preferred by the appellant/owner of the vehicle challenging the award dated 25- 03-2003 on the ground that present appellant was never in receipt of any notice issued by the Third Motor Accident Claims Tribunal, Dabra District Gwalior in respect of the case in hand (claim case No.40/2002).

(2.) As per submission of learned counsel for the appellant, notice was issued to the present appellant but he never received the said notice and in his place, written statement was filed on the basis of memo of appearance whereas the present appellant neither signed any Vakalatnama in favour of any counsel nor he authorized any counsel to file written statement on his behalf, therefore, award has been passed behind the back of appellant as owner of the vehicle and he never had any opportunity to raise his point of view before the Claims Tribunal. He also filed an application under Order 41, Rule 27 read with section 151 of CPC for taking the document on record at the appellate stage. The said document is driving licence of driver of the vehicle (present respondent No.3 Jashwant Singh). According to him, said document is material in the controversy and said document may alter the course of events if the appellant is given opportunity to contest trial and allegations levelled by the claimants.

(3.) On the other hand, Shri Sharma learned counsel for respondent No.4/Insurance Company fairly submits that if any situation exists in the present case then in the interest of justice matter can be remanded back for further adjudication provided Insurance Company is also given additional opportunity to rebut the claim advanced by present appellant on the basis of documents and pleadings.