Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 3835 of 2017 Appellant :- Sanjeev Kumar Respondent :- Surendra Pal Singh & 3 Others Counsel for Appellant :- Mohammad Akram Counsel for Respondent :- Anita Srivastava
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Mohammad Akram, learned counsel for the appellant and Ms. Anita Srivastava, learned counsel for the respondents.
2. This appeal has been filed by the owner against the award dated 21.10.2016 passed by the Motor Accident Claims Tribunal, Bijnor/Additional District Judge, Court No. 2 in MACP No. 10 of 2016.
3. It is the death case.
4. By that award, the Tribunal had awarded compensation of Rs. 3,29,000/- together with 7% interest to the claimant arising from the death of Deepak Kumar who met with an accident while riding the motorcycle bearing registration no. UK-08L-4007, which was hit by the truck insured by the respondent no.4.
5. Before the Tribunal, issue no.4 was raised as to the validity of the permit and fitness certificate of the truck. This issue was decided against the owner and in favour of the insurer. Consequently, the liability was fixed on the owner to the exclusion of the insurer.
6. During pendency of the appeal, the owner filed an application under Order 41 Rule 27 of C.P.C. to lead additional evidence alongwith affidavit in support of the said application and annexed authorization certification no. NP/UP/21/102014/16995 dated 10.10.2014 that was valid up to 6.10.2015. The said permit was also shown to have been renewed on 1.10.2015, up to 6.10.2016.
7. Admittedly, the accident took place on 2.11.2015, on which date the permit as claimed would have been valid.
8. Upon such application being filed, the Court had given an opportunity to the insurer to admit or deny the evidence relied by the appellant in the application to lead additional evidence.
9. That appliation has been allowed by a separate order passed today. Learned counsel for the insurer upon instructions fairly states that the insurer has made verification and it has been found that the aforesaid permit was validly issued at the relevant time.
10. Consequence of the aforesaid fair stand taken by the insurer would be that the finding recorded by the Tribunal on issue no.4 has to be set aside. Further, as a consequence arising therefrom, the award will have to be now satisfied by the insurer as there is no other reason given in the award to saddle the appellant with that liability.
11. Consequently the award dated 21.10.2016 passed by the Motor Accident Claims Tribunal, Bijnor/Additional District Judge, Court No. 2 in MACP No. 10 of 2016 is hereby modified to the extent that the amount of compensation shall be paid by the insurer to the exclusion of the owner/appellant. Remaining part of the award as to the amount of compensation, the same is maintained. Deposit of Rs. 25,000/- made before this Court be returned to the appellant within two weeks from today.
12. The present appeal is thus allowed.
Order Date :- 29.10.2018 Mini .
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Court No. - 7
Case :- FIRST APPEAL FROM ORDER No. - 3835 of 2017 Appellant :- Sanjeev Kumar Respondent :- Surendra Pal Singh & 3 Others Counsel for Appellant :- Mohammad Akram Counsel for Respondent :- Anita Srivastava
Hon'ble Saumitra Dayal Singh,J.
Civil Misc. Application No 4 of 2018
1. Upon instructions, learned counsel for the insurer fairly states that the documents being brought on record by means of the application, are genuine and true.
2. The application under Order 41 Rule 27 of Cr.P.C. is thus allowed. The documents filed with the affidavit in support of the application are received in evidence and taken to be duly proved.
Order Date :- 29.10.2018 Mini