'^ I^J '••^•11'^" ^'^M^JL^ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.A.(C)No.- ^^ 72010 D.B. APPELLANT :-^BRANCH MANAGER, [O _ THE ORIENTAL INSURANCE COMPANY :7..T.t^'^'S3jy LIMITED, BRANCH OFFICE.. g .^ ^' sw ^ ^> J— AMBIKAPUR, DISTRICT- SARGUJA C.G. ^sw^s" ~"^ ^.DJ-/';"*" ..,—<£^v'tt' G ' Vrs. / / RtSPONDENT/CLAIMANT :- l./NAZIMA BEGUM W/0 LATE NISAR AHMAD, AGE 32 YEARS, RESIDENT- BAIKUNTHPUR, THANA & TEHSIL- BAIKUNTHPUR, DISTRICT KOREA. C.G. RE^PONDENTS/NON-APPLICANTS :- si^ ^ CHHATRASAI @ CHHATARPAL RAJWADE S/0 SADHURAM RAJWADE, AGE ABOUT 22 YEARS, RESIDENT VILLAGE MAVNESHWARPUR, SHRINAGAR PO. BHOKMA, THANA- RAMANUJNAGAR, DISTRICT-SARGUJA C.G. SADHURAM RAJWADE S/0 DHANSAI RAJWADE, RESIDENT VILLAGE MAVNESHWARPUR, SHRINAGAR PO. BHOKMA, THANA-RAMANUJNAGAR, DISTRIjCT-SARGUJA C.G. APPEAL UNDER SECTIONTfS OF MOTOR VEHICLE ACT 1988 ^ Oriental HIGH COURT OF CHHATTISGARH : BILASPUR M.A. fQ No. 979 of 2010 Appellant Branch Manager, the Insurance Company Limited Versus Respondents Nazima Begum & others APPEAL UNDER SECTION 173 OF THE MOTOR VEHICLES ACT, 1988 DB: HonlDle Shri Justice I. M. Quddusi 8s Hon'ble Shri Justice Prashant Kumar Mishra, JJ Shri Sudhir Aganval, Advocate for the appellant. Shri Saleeni Kazi, Advocate for the respondent No. 1. Shri A. K. Prasad, Advocate for the respondents No. 2 & 3. ORDER (Oral) ( Passed on this 25th day of Februaiy, 2011 ) Per I. M. Quddusi, J. 1. This appeal has been filed by the Insurance Company against the impugned award dated 30.3.2010, passed by the Motor Accident Claims Tribunal, Koria (Baikunthpur) in Claim Case No. 57/2008, awarding a. sum of Rs. 3,05,000/- as compensation to the claimant. 2. The, brief facts, in nutshell, are that claimant (Najima Begum), who was a Teacher in the school at village - Bodhar, was returning to his home on 3.9.2007 by a scooty, bearing registration No. C.G. 16-D/2272. On the way the non-applicant No.l while riding the motorcycle, bearing registration No. C.G. 15 CA/2266/in a rash and negligent manner, hit the scooty. As a result of this accident the claimant received various injuries, including the injuries on her both the eyes. She was 6. admitted in the Govt. hospital at Baikunthpur and later on she was referred to M.M.I. Hospital Raipur. The offence under sections 279, 337 and 338 of the Indian Penal Code and Section 3/181 of the Motor Vehicles Act was registered against the non-applicant No. 1 in the Police Station Patna at Crime No.201/2007. The claimant filed a claim petition under Section 166 of the Motor Vehicles Act, 1988for award of a total compensation of Rs. 4,70,000/~ under various heads. Learned Claims Tribunal having regard to the facts situation and the evidence on record awarded a total sum of Rs. 3,05,000/- as compensation to the claimant along with interest at the rate of 7.5% per annum from the date of the application i.e. 24.10.2008. Learned counsel appearing for the appellant submits that the owner and driver of the motorcycle was not having the valid and effective driving licence on the date ofaccident. We have heard learned counsel appearing for the parties and perused the lower Court record. The driving licence is not available on record. For that purpose parties had sought time to file copy of the driving licence earlier and today again they sought further time but we are of the opinion that the matter should be reconsidered by the Claims Tribunal and if the driver was having any valid and effective driving licence the same shall be filed before the Tribunal so that the Insurance Company may get the verification of the same. In case the driver was not having a valid and effective licence the insurance company should not have been held liable to pay the aniount of compensation. <^, 7. For the reasons stated herein above, we allow this appeal in part, set-aside the impugned award dated 30.3.2010 and remit back the matter to the Tribunal for decision afresh. No order as to costs. 8. Needless to mention that the parties shall be allowed to amend their pleadings, adduce further evidence again in support of their pleadings and may file further documents and get the documents verified ete. Thereafter, the decision shall be made by the Tribunal on merits. 9. The ainount which has been deposited by the insurance company shall remain in deposit. 10. The parties shall appear before the Claims Tribunal concerned on6thApril, 2011. Sd/- LM.Quddusi Judge Sd//- Prashant Kumar Mishra Judge Thakur