TEK SINGH Vs. AMARJIT SINGH AND OTHERS

JUDGEMENT

(1.) The instant appeal is directed by the claimant/appellant herein against the award pronounced by the learned Motor Accidents Claims Tribunal (III), Shimla, upon MAC Petition No. 40-S/2 of 2013/11, whereunder the claim for compensation, arising, from damages suffered by the vehicle, owned, by the claimant was rejected.

(2.) The learned counsel appearing for the appellant has contended with much vigour (i) that the finding recorded by the learned Tribunal qua the petitioner being not owner of vehicle bearing No. HP-51- 3137 hence being amenable for interference, given the learned tribunal (ii) discarding the probative worth of the registration certificate issued, vis-a-vis, the afore vehicle, registration certificate whereof, occurs at page 104, of, the records of the learned tribunal, (iii) wherein, the claimant along with one Hardyal Singh is shown to be owner, of, vehicle bearing No. HP-51-3137. Consequently, he contends that the appellant was entitled to receive compensation, for, damage suffered by the afore vehicle, in, the collision which occurred inter se it, and, the offending vehicle.

(3.) For making, any firm conclusion, that, the dismissal of the claimant's petition, for damages, and, for compensation rather warranting interference, unequivocal evidence is enjoined to occur, in, display of (i) the claimant proving, by, adducing in accordance with law, the registration certificate of the damaged vehicle qua hence his being owner thereof. However, a copy of the registration certificate, though, exists at page 104, of, the records of the learned tribunal. (ii) Nonetheless, it is only a photo copy of the RC of the vehicle, which purportedly suffered damages, (iii) whereas, it was enjoined to proven from the records, of, the licencing authority concerned, whereat, the, original thereof was held. Consequently, for want, of, adduction, of, valid proof qua therewith, rather renders the purported registration certificate issued, vis-a-vis, the damaged vehicle, being amenable to hence, no, credence being imputed, to, the afore photo copy, of, the registration certificate, occurring at page 104, of, the records of the learned tribunal. For overcoming, the aforesaid infirmity, the learned counsel for the claimant moved an application, cast under the provisions of Order 41, Rule 27 of the CPC, application whereof, bears CMP No. 1839 of 2018, for leave being accorded, to the appellant, for placing on record the photo copy, of, the registration certificate, of, the damaged vehicle. A perusal thereof makes disclosure(s) qua it bearing consonance with the photo copy, of, the registration certificate, existing at page 104, of, the records of the learned tribunal. Since, the entitlement, to, compensation, of, the claimant, is hinged upon proof, in accordance with law, standing adduced, vis-a-vis, the authenticity of the registration certificate, (i) thereupon, when the afore registration certificate is just and essential, for recording a clear and clinching findings, upon, the entitlement of the claimant, for, compensation against the owner/driver of the offending vehicle, (ii) thereupon, the leave to adduce the afore photo copy, of, the registration certificate, of, the damaged vehicle, and, to prove it, in, accordance with law, is, granted. Consequently, CMP No. 1839 of 2018 is allowed.