1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR. ** S.B.CIVIL MISC. APPEAL NO.659/2000 (Prahlad Kumar Vs. Ghanshyam Lal) Date of Judgment : 23-07-2009 HON'BLE MR.JUSTICE GUMAN SINGH Mr.Sandeep Mathur,for the appellants. Mr.P.S.Shukla, for the respondents. Heard learned counsel for the parties. 2. This appeal has been preferred on behalf of injured-appellant against the judgment and award dated 2.2.2000 passed by learned Motor Accident Claims Tribunal, Jaipur city, Jaipur whereby the appellant was awarded total sum of Rs.25,000/- by way of compensation for the injuries sustained in the accident. The appellant has also challenged the finding of the learned Tribunal pertaining to quantum of compensation and has prayed for enhancement as also finding on issue no.2 whereby the Insurance Company was exonerated from the liability on the ground that driver did not possess valid license. 2 3. Learned counsel for the injured- appellant-claimant submits that the learned Tribunal has failed to award adequate compensation in view of extensive disfiguration of face, head and disablement, and consequent disablement sustained by the injured resulting in 7% disability. It is also submitted that the Tribunal did not base the finding on proper evidence while exonerating the Insurance Company from its liability as no conclusive evidence was produced by the Insurance Company on the point that th driver was not at all having valid license while the Insurance Company was under statutory liability to pay compensation to the appellant. 4. Per contra, learned counsel for the respondents supported the judgment of the Tribunal and submitted that from the evidence adduced by the Insurance Company on the point that the driver was not having valid license, was considered sufficient by the learned Tribunal and if that evidence is not found to be of conclusive nature in appeal, the Insurance Company may be given opportunity to further strengthen the 3 evidence on the point by remanding the case. 5. Having heard the rival contentions, and on going through the award as also record of the case, it is revealed that the Tribunal has exonerated the Insurance Company from its liability on the ground that the driver was not found in possession of valid license and this conclusionwas on the basis that the owner and driver of the vehicle were given notice to produce license but they did not reply and that the charge-sheet filed by the police in the court revealed that no driving license was produced to the Invesigating Officer during the invesigation. Thus in view of the nature of aforesaid evidence led on the point, it is appropriate to give an opportunity of hearing and to lead evidence to the Insurance Company to further strengthen the evidence, if any on the point. That apart, the quantum of compensation also deserves to be decided afresh in view of submissions of learned counsel for the appellant-claimants to be made before the Tribunal. Therefore, the case deserves to be remanded to the Tribunal for fresh decision. 4 6. Accordingly, impugned judgment and award dated 2.2.2000 passed by the Tribunal is set aside and the matter is remanded for fresh decision on all the issues after giving 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 27.8.2009. Record be sent forthwith. The appeal stands disposed of accordingly. (GUMAN SINGH),J. Sandeep/- item no.h/14