RAJESH Vs. JAI NARAIN

JUDGEMENT

(1.) This is an appeal by owner against the award dated 18.07.2017 passed by the Motor Accident Claims Tribunal, Rohtak, (hereinafter referred to as "the Tribunal") disputing liability to pay compensation to the claimants in a fatal motor accident. The Tribunal granted right to the Insurance Company to recover the compensation from the owner and driver. Accordingly, the compensation was paid and has been disbursed to the claimants. They are no longer required for the present proceedings nor for the proceedings this Court proposes by remanding the case to the Tribunal to consider two vital public documents issued by the Transport Commissioner, Government of Nagaland, Motor Vehicles Department, Kohima, Nagaland dated 01.08.2014 and the other public notice dated 18.12.2017.

(2.) By the first Public Information notice dated 01.08.2014, Nagaland Government has started the exercise of digitizing driving licences in the National Application "SARATHI" under the directions of the Government of India, New Delhi. The old non-digitized/booklet form Driving licences for years and years were required to be converted into Smart Card Driving licences through the National Software which process has been going on from 30.10.2009 in the State of Nagaland. The "Public Information" notice advised Driving Licence holders possessing the Booklet type or on any formal manual formats, other than Smart Card, to get them issued before 01.12.2014, after which Driving licences other than Smart Card shall be treated as cancelled. This notice was issued in the interest of public safety and in exercise of the authority conferred by Section 19(l)(e) of the Motor Vehicles Act, 1988.

(3.) A few facts may be necessary before I advert to the second public notice of 18.12.2017.