Court No. - 27
Case :- FIRST APPEAL FROM ORDER No. - 1326 of 2016 Appellant :- Gulfam Ahmad And 2 Others Respondent :- Dinesh And 4 Ors.
Counsel for Appellant :- Indu Prakash Singh Counsel for Respondent :- Sanjay Srivastava
Hon'ble Dr. Kaushal Jayendra Thaker,J.
Heard learned counsel for the appellants and learned counsel for the respondents.
The owner is before this Court. The facts are not being adverted to as the appeal can be disposed of at the admission stage itself without entering into merits of the case.
It is submitted by learned counsel for the appellants that they have deposited the entire amount. Thereafter, as the claimants had withdrawn the amount, they have taken out recovery proceedings as per the permission granted by the Tribunal. The owner has disputed the fact that the driver did not have a valid driving licence. Unfortunately, the same was not proved before the Tribunal.
Be that as it may, the appellants, within a period of four weeks from today, shall appear before the Tribunal where the recovery proceedings are pending and place the record all the details and documents which may be verified by the Insurance Company. Parties would be at liberty to lead evidence in support of their rival claims.
With the aforesaid observations, this appeal is partly allowed.
Recovery notice or coercive action, if taken, shall remain stayed till the Tribunal decides the matter.
Order Date :- 23.3.2018 Ram Murti