Research › Search › Judgment

Punjab High Court · body

2018 DIGILAW 260 (PNJ)

Neeraj Rani v. Joginder Singh

2018-01-19

AVNEESH JHINGAN

body2018
JUDGMENT : Avneesh Jhingan, J. These are two appeals filed against the award dated 23.01.2013 passed by the Motor Accidents Claims Tribunal, Panchkula (for short 'the Tribunal'). 2. In a motor vehicular accident that occurred on 22.02.2009 Satbir aged 33 years lost his life. The offending vehicle in the said accident was truck bearing registration No. HR-67-B-0045. 3. In the claim petition filed under Section 166 of the Motor Vehicles Act, 1988 (for short 'the act'), the Tribunal awarded a sum of Rs.8,94,000/- alongwith interest at the rate of 6% per annum. The driving licence produced by the owner and driver of the offending vehicle was found to be fake. 4. The present FAO No. 3443 of 2013 has been filed by the owner and driver of the offending vehicle along with an application for producing additional evidence on record. With the said application, another driving licence has been annexed which is stated to be valid. 5. FAO No. 2061 of 2013 has been filed by the claimants for enhancement of compensation inter-alia on the ground that no future prospects have been awarded. The amounts awarded under conventional heads are on the lower side. 6. Learned counsel for the Insurance Company has opposed the appeal of the owner and driver only on the ground that fresh driving licence now produced should not be accepted without affording an opportunity to verify the same. 7. The submission made by learned counsel for the Insurance Company deserves acceptance. It is only after due verification of the new licence that the issue regarding liability can be decided. 8. Hence, the matter is remitted back to the Tribunal. The issue regarding enhancement of the compensation raised by the claimants will also be considered by the Tribunal in view of the latest decision of Hon'ble the Apex Court in National Insurance Company Limited Versus Pranay Sethi and others Special Leave Petition (Civil) No. 25590 of 2014 decided on 31.10.2017. 9. The present remand proceedings are result of an application moved by the owner and driver of the vehicle because of which there would be another round of litigation. To balance the equity, the remand is made subject to the condition that the owner and driver will pay a sum of Rs.25,000/-, towards costs to the claimants as litigation expenses for the remand proceedings. 10. To balance the equity, the remand is made subject to the condition that the owner and driver will pay a sum of Rs.25,000/-, towards costs to the claimants as litigation expenses for the remand proceedings. 10. Needless to add that the remand proceeding would be subject to the payment of costs. 11. Ordered accordingly. 12. Parties are directed to appear before the Tribunal on 20.02.2018.