1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.798/2000 (Babulal and ors. Vs. Chheetar and ors.) Date of Judgment : 01-09-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.R.S.Rathore and Mr.Dhananjay Bhardwaj for Mr.Vizzy Agrawal, for the respondents. This appeal has been preferred on behalf of appellants-dependents of deceased Heerawati for enhancement of compensation as well as for fixing the liability of the Insurance Company for the award passed by learned Motor Accident Claims Tribunal, Jaipur district, Jaipur vide judgment dated 4.4.2000 whereby a total sum of Rs.1,75,600/- was awarded by way of compensation on account of death of deceased caused in the accident. 2. The learned counsel for the appellant submits that the learned Tribunal has exonerated the respondent-Insurance Company of the offending vehicle on the ground that the driver of offending vehicle-respondent no.1 was not having valid and effective 2 driving license on the date of accident. It is also submitted that the Tribunal has failed to take note of the fact that the license of driver was on record but it could not be submitted and in place of driver, license of one Ramswaroop was exhibited and, as such, the Tribunal has failed to appreciate the evidence in right perspective. It is also submitted that the amount of compensation awarded is inadequate and that deserves to be enhanced. 3. Per contra, learned counsel for the respondent-driver and owner of the vehicle submitted that as the license of driver of offending vehicle is stated to be on record, he may be accorded opportunity to contest the claim on the ground that the Insurance Company was also liable. Learned counsel for respondent-Insurance Company has submitted that in case factual position changes, he should be accorded opportunity to lead evidence and to participate in the enquiry afresh on the point so that the fact of driving license can be examined. Learned counsel for the appellants further submitted that matter may be 3 remanded in view of submissions of learned counsel for the respondents. 4. On hearing rival contentions,and going through the award as also record of the case,it is revealed that this appeal has been filed for enhancement of compensation as well as for challenging the finding of Tribunal whereby the Insurance Company was exonerated on the ground that driver of offending vehicle was not having valid driving license while the license exhibited is stated to be of some other person. However, the license of the driver of the offending vehicle could not be exhibited and thus the Tribunal could not examine the question of license, therefore, the matter deserves to be remanded on all the issues including the question of enhancement of compensation. 5. Accordingly, appeal of the appellants is allowed. The impugned Judgment & award dated 4.4.2000 is set aside and the matter is remanded to the Tribunal with a direction to decide all the issues afresh after giving opportunity of hearing as well as to adduce 4 evidence, if any, to both the parties expeditiously. All the parties are directed to remain present before the Tribunal on 15.10.2009. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.27