NEW INDIA ASSURANCE CO.LTD. Vs. MUKTE MAJHAIN

JUDGEMENT

(1.) HEARD Mr. Alok Lal, counsel for the appellant and Mr. M.B. Lal, counsel for respondents 5 and 6. In spite of appearance, nobody is present on behalf of respondent No. 1. Title (M.V.) Claim Suit No. 30 of 1998 was filed under Section 166 of the Motor Vehicles Act, 1988, in respect of motor accident dated 11.2.1998, wherein Darka Manjhi died and Maruti Car (WB -02B -4417) owned by respondent No. 5 was involved. The said car was duly insured with New India Assurance Co. Ltd. On the basis of materials on record, it was held that accident took place on account of fault of driver of the car and a sum of Rs. 3,00,000/ - was directed to be paid as compensation amount with interest @ 12% per annum. In paragraph 12 of the judgment, it was observed that owner and driver of the vehicle filed written statement, but did not contest the case and also failed to produce the driving licence, which according to Insurance Company was not valid and effective. It was further observed that though there was some force in submission of counsel for Insurance Company that in absence of valid driving licence, terms of insurance policy was contravened and the insurer may not be liable for indemnifying the owners liability but since claimant is poor lady and it will take much time for her to realise the amount from owner of the vehicle the Insurance Company was directed to pay the compensation amount, with a liberty to realise the same from the owner in future. The aforesaid observation and direction in my opinion of the Tribunal was not justified. In the present appeal the owner and driver both have already appeared and produced a photocopy of the driving licence of respondent No. 6. It is not possible to go into the validity and/or genuineness of the licence in question at this stage. However, in the aforesaid circumstance, without disturbing the impugned judgment and award at this stage, I remit the matter to the Tribunal to give opportunity to the parties to adduce evidence in this regard and thereafter record finding as to whether Insurance Company was responsible to indemnify the owners liability and pass appropriate orders within three months from the date of receipt of a copy of this order. This Appeal is disposed of accordingly.

(2.) STATUTORY amount of Rs. 25,000/ -deposited for the purpose of this appeal, vide Challan No. J -106 dated 10.12.1999, is permitted to be withdrawn by appellant -Insurance Company on proper verification and in accordance with law.