IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.33 of 2003 BRANCH MANAGER, NATIONAL INSURANCE COMPANY LTD. SUDERSHAN BUILDING MUNICIPAL CHAWK CHAPRA… (OPP.PARTY NO.2) THROUGH ITS AUTHORIZED SIGNATURE SRI Y. KUMAR A.A.O.NATIONAL INSURANCE COMPANMY REGIONAL OFFICE 4TH FLOOR SONE BHAVAN B.C. PATEL ROAD, PATNA… … Appellant. -Versus- 1. FIROJ ANSARI son of late Mainuddn (Minor) ..Claimant No.1 2. Farida Nisha daughter of Late Mainuddn (Minor)… Claimant No.2 3. Rubia Nisha daughter of late Mainuddn (Minor)… Claimant No.3 All through respondent No.4. 4. Jalaluddin Ansari, son of Mustaquin Ansari, resident of village Arwakothi, P.S. Daudpur, District- Chapra… Respondents 5. Ravi Kant Tiwary, son of Chandrama Tiwary, resident of Tekniwas, P.O. Tekniwas, P.S.Revilganj,District- Chapra…. …. Respondents. For the Appellant: Mr. Ashok Priyadarshi, Advocate For Respondent No.5: Mr. Ashok Kumar Choudhary,Advocate Mr. Anil Kumar Tiwary,Advocate For respondent Nos 1 to 4 : Mr. Mukesh Prasad Singh, Advocate --- 10. 11.1.2010 Heard learned counsels for the parties. When the matter is being considered at the stage of admission, respondent No.5, owner of the vehicle has filed I.A. No.7719 of 2009 under order 41 Rule 27 (aa) of Civil Procedure Code read with Rule 249(3) of the Bihar Motor Vehicle Rules. In the said interlocutory application, a prayer has been made to allow the production of additional evidence in the Miscellaneous Appeal. The additional evidence sought to be brought on the record is a letter No. 190 dated 2.4.1990 issued by the District Transport Office, Chapra which has been supplied to respondent No.5 on the basis of his application under the Right to Information Act. It is submitted by learned counsel for respondent No.5 that at the time of - 2 - trial before the Tribunal the driving licence could not be produced before it since the driver had left his job and the vehicle in question had also been sold and only subsequently when the Right to Information Act came into force, an application has now been filed and the information obtained. Learned counsel for the appellant, on the other hand, submits that specific application under Section 169 (2) of the Motor Vehicles Act was filed by the Insurance Company seeking a direction to respondent No.5, owner of the vehicle to produce the driving licence of the driver of the vehicle in question but he did not produce the same and now after so many years, the aforesaid licence has been brought on the record, which may or may not be genuine and the appellant-Insurance Company is entitled to challenge the same in an appropriate manner. Both learned counsels for the appellant and respondent No.5 submit that the said matter can be properly verified and enquired into only by the Tribunal itself, if the matter is remanded to it. Learned counsel for the claimants, on the other hand, submits that so far as the quantum of compensation is concerned, the same is not under - 3 - challenge in the present appeal and even if the matter is remanded, the same should be confined only with respect to the question of the validity or otherwise of the driving licence and considering the fact that the issue has been raised nearly seven years after the judgment and award was passed, the matter ought to be directed to be disposed of expeditiously. On a consideration of the submissions of the parties, this Court is of the view that a remand of the matter on the limited issue regarding the validity or otherwise of the driving licence and the legal consequences flowing therefrom with regard to the liability for payment of compensation will subserve the ends of justice. Accordingly, the judgment dated 10.10.2002 and award dated 25.11.2002 under appeal are partly set aside to the extent that payment of compensation has been held to be a liability of the appellant- Insurance Company and not respondent No.5, owner of the vehicle, and the matter is remanded to the Motor Vehicles Tribunal, Saran at Chapra to frame an issue regarding the validity of the driving licence of the driver of the vehicle in question and after permitting the parties to lead evidence with respect to it and - 4 - making enquiry into the same, pass a fresh judgment and award in accordance with law on the basis of the findings on the said issue. It is made clear that so far as the claim regarding quantum of compensation is concerned, it shall not be open to the parties to challenge the same either before the Tribunal or in any subsequent appeal. In view of the fact that it is an old matter, the Tribunal should proceed expeditiously in the matter and dispose it of within two months from the date of communication of the order of this Court. The office is directed to transmit the statutory amount of Rs.25,000/- deposited by the appellant to the Tribunal, which shall abide by the judgment and award of the Tribunal on remand. The lower court records should also be expeditiously sent down to the Tribunal. The appeal and I.A. No.7719 of 2009 are, accordingly, disposed of with the aforesaid observations and directions. VPS ( Ramesh Kumar Datta, J. )