Shriram General Insurance Co. Ltd. v. Mamta Bai And Others
2020-03-19
SUBODH ABHYANKAR
body2020
DigiLaw.ai
JUDGMENT Subodh Abhyankar, J. - This order passed in MA No.1691/2014 shall also govern the disposal of other connected M.A.No.1693/2014, M.A. No.1694/2014, M.A. No.1695/2014 and M.A. No.1697/2014, as the same have been filed against the common award dated 28.4.2014 passed by the Additional Motor Accident Claims Tribunal, Sihora District Jabalpur arising out of an accident which took place on 13.8.2011 involving the truck bearing registration No.MP09-KD-0749. 2. In all these Miscellaneous Appeals, identical applications under Order Order 41 Rule 27 of CPC have been filed by the appellant Insurance Company to bring a certificate issued by the RTO Guwahati (Assam) regarding the driving license of the driver of the vehicle, on the ground that subsequent to passing of the final award by the learned Claims Tribunal, the appellant/company received information regarding the driving license of the driver of the vehicle being fake, which was alleged to have been issued by the RTO Guwahati (Assam), but as per the information received from the said RTO, it has not been so issued by the RTO Guwahati. 3. Learned counsel for the appellant/company has fairly submitted that these appeals may be disposed of with a direction to the appellant/company to deposit the awarded amount and so far as the issue regarding breach of the insurance policy, terms and conditions is concerned, since the license of the driver could be verified after the award was passed, the matter may be remanded back to the concerned Claims Tribunal for trying the aforesaid issue and liability of the appellant/company to pay the compensation and recover the same from the owner/driver of the offending vehicle. 4. The aforesaid prayer has not been opposed by the learned counsel for the respondents. 5. Heard and perused the record. 6. From the record this Court finds that in the written statement submitted by the appellant Insurance Company to the application filed by the claimants under Section 166 of the Motor Vehicles Act, 1988, the appellant-company has denied the factum of liability in the absence of license, hence, in the considered opinion of this Court the ends of justice would be met if the application filed by the appellant/company under Order 41 Rule 27 of CPC is allowed and the documents filed by the appellant-company is taken on record.
However, since the evidence in this behalf has to be led by the Insurance Company, the matter has to be remanded back to the concerned Claims Tribunal for trying the following issue afresh in the light of the evidence led by the parties in this behalf as the said issue refers to the liability of the Insurance company. 7. Since it is a trite law that in case of the driver's license being fake or not valid in any manner, the claimant cannot be deprived from its right to recover the compensation from the Insurance Company which may recover the same from the owner/driver of the vehicle. Hence, as rightly submitted by Shri Jain, that the Insurance Company may be directed to satisfy the award passed in favour of the claimants. 8. As a result, these appeals stand disposed of with a direction to the Appellant Insurance Company to deposit the amount of compensation before the Tribunal within a period of two months from today which may be disbursed to the claimants as directed by the learned Member of the MACT. Learned Member of the Claims Tribunal is also requested to frame the proper issue, if necessary, relating to breach of the insurance policy and if the issue is decided against the owner and driver and in favour of the appellant/company, the appellant may recover the amount of compensation from the owner and driver. 9. With the aforesaid observations and directions, the appeals stand disposed of. 10. Let the original record of the Claims Tribunal be sent back to the learned Claims Tribunal including the original document filed along with application under Order 41 Rule 27 of CPC.