GURCHARAN SINGH Vs. UNITED INDIA INSURANCE COMPANY

JUDGEMENT

(1.) This case is a classic example of a situation where parties are left in the lurch, not knowing what is the exact order of the Court because of the failure of the Presiding Officer to perform his duty in a proper and judicious manner. This petition under Article 227 of the Constitution of India arises out of execution proceedings, which in turn arise out of an award passed by the Motor Accident Claims Tribunal (Fast Track Court), Kangra at Dharamshala dated 11.1.2006. It appears that one of the objections raised by the Insurance Company was that the driver did not have a valid driving licence since the vehicle in question was a transport vehicle being a Maxi Cab and the licence which entitled him to drive a light motor vehicle did not bear an endorsement entitling him to drive a transport vehicle.

(2.) The manner in which this issue was dealt with leaves much to be desired. In para-18 of the award, the learned Tribunal observed as follows:-

(3.) Thereafter the Tribunal in the operative portion held as follows:-