1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** 1. S.B.CIVIL MISC. APPEAL NO.452/1997 (M/s.Praveen Milk Transport Co. Vs. Smt.Kan Kanwar and ors.) 2. S.B.CIVIL MISC. APPEAL NO.483/1996 (Smt.Kan Kanwar Vs. Gyan Singh) Date of Judgment : 21-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.R.S.Rathore,for the appellant-owner. Mr. Satendra Sharma, for Ins.Company. Mr.Sandeep Mathur, for the respondent- claimants. Heard learned counsel for the parties. 2. The CMA No.483/1996 has been preferred on behalf of appellant-claimants for enhancement of compensation awarded by the learned Motor Accident Claims Tribunal, Neem-ka-Thana, Distt. Sikar vide judgment dated 21.3.1996 whereby a total sum of Rs.89,000/- was awarded by way of compensation on account of death of Surjan Singh caused in the accident. The appellant- claimants have also challenged the finding of the Tribunal on issue no.4 pertaining to 2 liability of the Insurance Company. 3. The CMA No.452/1997 has been preferred on behalf of the owner of the offending vehicle challenging the finding on issue no.4 whereby the Insurance Company was exonerated from its liability and the entire liability was fixed on the owner and driver as the driver of the offending vehicle was not found in possession of a valid and effective driving license at the time of accident. 4. Learned counsel for the appellant-owner submits that he has filed an application under O.51 R.27 CPC for taking verification report issued by the R.T.O. Bikaner showing that the driver of the offending vehicle was having valid and effective driving license. It is further submitted that the documents may be taken on record and the matter may be remanded to the Tribunal for fresh decision on issue no.4 and he may be accorded opportunity to lead evidence on the point before the Tribunal. 5. Learned counsel for the appellant- 3 claimants submits that he has also challenged the finding on issue no.4 and the case may be remanded for fresh decision as submitted by learned counsel for the owner. It is further submitted that he has also filed appeal for enhancement of compensation on the ground that age of the deceased was 45 years but it was taken to be 60 years on the basis of post mortem report for adopting a multiplier and, as such, matter deserves to be remanded for fresh decision for an opportunity to lead evidence on the point. 6. Per contra, learned counsel for the respondent-Ins.Company supported the judgment of the Tribunal and submitted that the learned Tribunal has taken into consideration evidence adduced during inquiry and has awarded adequate compensation and calls for no interference. 7. Having heard rival contentions, and on going through the award as also record of the case, it is revealed that the appellant- owner has submitted the documents pertaining to the verification report issued by R.T.O., Bikaner pertaining to renewal of license in 4 the name of Gyan singh, driver of the offending vehicle for the period 5.5.89 to 9.4.92 and that deserves to be taken on record. Thus, the application is allowed and the document is ordered to be taken on record. 8. In view of the documents filed on behalf of owner of the offending vehicle, matter deserves to be remanded for fresh decision on issue no.4 after affording an opportunity of hearing and to lead evidence to both the parties. That apart, matter also deserves to be remanded on the point of quantum of compensation in view of submissions of learned counsel for the appellant-claimants. 9. Accordingly, impugned judgment and award dated 21.3.1996 is set aside and the matter is remanded for fresh decision on all the issues to the Tribunal after according opportunity of hearing and to lead evidence, if any, to both the parties. Both the parties are directed to remain present before the Tribunal on 25.8.09. The Tribunal is further directed to dispose of this matter as expeditiously as possible. The 5 record of this case be sent forthwith. Both the appeals stand disposed of. (GUMAN SINGH),J. Sandeep/- item no.h/4&5