MANOJ KUMAR MANTRI Vs. MEGHRAJ CHOUDHARY AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and order dated 14.08.2008 passed in Claim Case No. 58 of 2001 passed by 1st Additional District Judge -Cum - M.V.A.C.T., Giridih.

(2.) I .A. No. 2403 of 2010. It is submitted by the learned counsel for the appellant/owner of the vehicle that the learned Tribunal without affording any opportunity to the appellant, has passed the judgment on the basis of 'Ext. -D' holding that the driver, Sanjay Kumar Kujur possessed license to drive L.M.V only and not H.M.V. Accordingly it has held that since there was violation of condition of Section 149(2) of the M.V. Act, it has fixed the liability on the appellant/owner of the vehicle with a direction to the Insurance Company to pay the awarded compensation amount with right to recover the same from the owner, i.e., appellant. It is argued that the finding of the learned Tribunal is erroneous, as Sanjay Kumar Kujur -driver was holding a valid and effective driving license with an endorsement dated 19.03.1994 for driving of H.M.V. That the accident took place on 10.01.2001, and the driver had a valid license to drive the vehicle in question. That the appellant had applied for the information before the District Transport Officer, Lohardaga and the particulars of driving license of Sanjay Kumar Kujur being D.L. No. 1185 of 1991 was provided subsequently, after passing of the order.

(3.) LEARNED counsel for the respondent -United India Insurance Company has further submitted that Ext. -D which was the judgment passed in claim Case No. 57 of 2001 arising out of the same accident has not been challenged and it has attained finality and the appellant has not challenged it and he cannot be permitted to bring in the additional evidence at this stage.