1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.1236/1999 (Versha Agarwal Vs. Sanjay Sharma and ors.) Date of Judgment : 30-4-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.K.N.Tiwari,for the appellants. Mr.Intizar Ali and Mr.J.P.Goyal, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant Versha Agarwal for enhancement of compensation & shifting liability from the owner to the Insurance Company passed by the learned Motor Accident Claims Tribunal, Jaipur district, Jaipur vide judgment dated 9.7.99 whereby a sum of Rs.50,000/- was awarded by way of compensation to the appellant for the injuries sustained in the accident and the Insurance Company was exonerated on the ground that the driver was not having any license at the time of accident. 3. Learned counsel for the appellant submits that the learned Tribunal has erred in exonerating the Insurance Company from the liability as there is no evidence on 2 record to establish that the driver was driving the vehicle without having any license. It is further submitted that the owner of the vehicle on whom liability has been fixed was also not before the Tribunal as award has been passed ex-parte against him. 4. Per contra, learned counsel for the respondents 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. Learned counsel for the owner of the vehicle strenuously argued that award was passed ex-parte by the Tribunal as no opportunity was afforded to him to prove the fact whether driver was having license at the time of accident. 5. After hearing the rival contentions, and going through the award as also record of the case, it is revealed that the liability has been fixed on the owner of the vehicle while the Insurane Company has been 3 exonerated on the ground that the driver was not having any license. The owner of the vehicle has been exparte and could not produce evidence on the point. From the award, it is revealed that Tribunal has taken into consideration the fact that the driver of offending vehicle for not having any license and he was convicted on that count by criminal court and that has been the basis of the finding on the point. Therefore, in the interest of justice, the case deserves to be remanded for affording opportunity to the owner to produce his evidence. 6. Accordingly, impugned Judgment & award dated 9.7.99 passed by the learned Tribunal is set aside and the case is remanded back to the Tribunal for fresh decision on all the issues after according opportunity of hearing and leading evidence to all the parties. All the parties are directed to remain present before the Tribunal on 26.5.09. Record be sent forthwith. (GUMAN SINGH),J. Sandeep/- item no.10