Court No. - 6
Case :- FIRST APPEAL FROM ORDER No. - 3632 of 2018 Appellant :- The Oriental Insurance Co. Ltd. Respondent :- Smt. Malti Devi And 7 Ors Counsel for Appellant :- Anand Kumar Sinha
Hon'ble Ashok Kumar,J.
This appeal is filed under Section 173 of the Motor Vehicles Act, 1988 against the judgment and award dated 30.05.2018 passed by the Motor Accident Claims Tribunal / Additional District Judge, Court No. 10, District Bareilly in M.A.C.P. No. 179 of 2013.
Heard learned counsel for the appellant-insurance company.
The sole submission of the learned counsel for the appellant-insurance company is that the order of the Tribunal is incorrect as the Tribunal has accepted that the driver of the Truck No. H.R. 55/2354, namely, Jafarruddin was not having the valid driving license of heavy goods vehicle (H.G.V.) on the date of accident i.e. on 16.02.2013.
The counsel for the appellant has pointed out that during the Course of cross-examination 'Form 54' was produced by the driver of the vehicle and the driving license, which indicates that the driving license of H.G.V. was valid till 28.11.2019.
Learned counsel for the appellant has submitted that in fact the driving license for H.G.V. was issued for a period of three years which was valid from 18.12.2009 to 07.12.2012 and after 07.12.2012 till its date of renewal i.e. till 29.11.2016 no valid driving license was issued in favour of the driver Jafarruddin to drive H.G.V. vehicle.
Prima facie, this Court finds substance in the submission of the learned counsel for the appellant and since the order passed by the Tribunal is silent, so far as the issue as to whether the H.G.V. driving license was operative in between 08.12.2012 to 29.11.2016 or not is yet to be examined and decided by the Tribunal, it would be appropriate to remand the matter back to the Tribunal to summon the record from the R.T.O. concern and to examine the same, which is related to the issuance of the driving license in favour of the driver, namely, Jafarruddin son of Safi Khan resident of village and Post Office Shakarpur, Police Station Khutar, District Shahjahanpur.
The Tribunal is therefore directed to complete the entire exercise within two months from today after providing adequate opportunity to all the parties concerned.
The certified copy of this order be produced by the counsel for the appellant within ten days from today.
The appeal is disposed of.
Any amount deposited in this Court shall be remitted to the concerned Tribunal within two weeks and the same shall be duly accounted for/adjusted while making the payment.
Order Date :- 13.9.2018 SK Srivastava