C,f^s IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR CC.3<^T&(v. •s^w^ MiSC. APPEArNO. U^\ OF 2010 ~/T nlyisidTI o3Sl&% Appellant Respondents Claimants Owner Driver & Versys 1. f(. 2. (, 3. /L- 4. ^ Bajaj Alliance General Insurance Company Ltd. Head Office:G.E. Plaza, 3rd Floor, Airport, Yerwada, Pune 411 006 Through : Branch Manager, Bajaj Alliance General Insurance Company Ltd. 1stFloor,ShivMohan Bhawan, Sabha Road, Pandri, Raipur, Tahsil and District Raipur (CG) Ashutosh Sharma (Minor) S/o Ramesh KumarSharma^ Agedabout17years ©ccupation:Student, Through father Ramesh Kumar Sharma S/o Brajbhushan Sharma. Ramesh Kumar Sharma ' S/o Late Brajbhushan Sharma, Aged about 48 years, Occupation : Law Services Smt. Vijaya Sharma W/o Ramesh Kumar Sharma Aged about 42 years, Occupation : Housewife All R/o Brajbhushan Sharma Marg, Near Lal Tanki, Raigarh, Tahsil & District Raigarh. Tahal Singh S/o Tarasingh Sardar Aged about 48 years, Occupation : Transportation, R/o 106 B.T. Road, Kolkata, 35 Thana, Baranagar, Kolkata, Distt. Bairakpur (West Bengal) MISC. APPEALUNDER SECTION 173 OF THE MOTOR VEHICLES ACT. 1988 AGAINST THE ORDER/AWARDDATED 14th DECEMBER.2009 PASSED IN C.T. N0.27/08 BY LEARNED 3RD ADDITIONAL MOTOR ACCIDENT CLAIMS TRIBUNAL (FTC). RALGARH (CGl PRESIDED OVER BY SHRI N.K.S. THAKUR. r HIGH.COURTOF CHHATTISGARH AT BILA8PUR DB : HON'BLE I.M.QUDDUSI 85 HON?BLE G. MINHAJUDDIN, JJ. M.AICLNo^ 124 of 2010 Appellant Respondents Bajaj AUi.anz General Insui'ance Co. Ltd Vs Ashutosh Shanna aiid ofhers Present: Mr, Abhishek ShaiTaa, counsel for tlie appeUaiit. Mr. Awadh Tripatlii aiid Mr. Saiijeev BaxLJari, counsel for respondents 1, 2 & 3, ORDBRJQ^aSl (14.09. 2011) I.M. Ouddusi, J 1. This appeal has been filed by tiie Insurance Conipany agairist tlie imptigned order dated 14,12.2009 passed by tlie III AdditionaJ Motor Accident Clauns Tribmial (FTC), Raigarh (C.G) in Claim Case No. 27/2008. 2. Brief facts of tlie case as per the version of clamiao.ts are that on 27.7.2007 deceased Prakhai'@ Aviaash Sharmawas coianig to Raigarh by TVS Star motorbike. On tlie way at about 13.00 p,m, a Tmck beat'ing Regtn.No.W.B.23-A/0906 which was beiag driven by respoudeut no.4 Tahal Smgh m a rash aad negUgent raanner dashed the niotorcycle, as a result ofwhich, deceased died on the spot. At fhe time of accident,, the deceased was aged about 21 years. He was worknig as Accountant and was earauig Rs.11,500/- per aiiuiim., The claimaats beiag dependents/legal representatives of the deceased have filed clami petition u/s 220 (1) of the Motor ,,Y^%^^ •., ^"^."'^- //"^ "sl 1 las^ S ^ j \A^ Vehicles Act for tlie award of total compensation of Rs. 46,22/200/- onvarious heads, 3. Leamed Claims Tribunal has held tliat the offendmg vehicle was uivolved ra the accident ia which fhe deceased died; there was no breach couditions of the msurance poMcy aiid Uie clamiants are entitled to get a total compensation of Rs.11,54,750/- from the appeUaat. 4. Leamed counsel for fhe appeUaiit subniits tliat aii official froni tlie RTO was suraisioned to prove fhat tlie driving Ucense was falce, but the RTO has expressed his iaabitity to attend tlie Court aad fherefore, an appUcation was inoved for issuaiice of comnxission for exainiaatioxi of the Regional Traasport Officer, Gazipur but the sanie was rejected by the Tribunal on 07.12.2009 holdnig tliat earUer niaiiy opportunities were given aiid tlius the evidence was closed aiid ultimately the case was fixed for final ai'ginnents. lu those circuxiistaiices, tlie Tribuiial has passed the rmpugned award holdiiig that tihie appeUant has failed to prove tJiat tlie driver-cuia-owner was having a fake driviag license, 5. It appears fhat tlie appeUant was deprived of opportunity to produce fhe evidence regardiiig validity aiid effectiveness of tiie drivnig license. Therefore, io. our opinion, it is a fit case to remit fhe matter back to tlie Tribunal for decision afresh after fixiag tlie Mability to pay conipensation, 6. Hence, we allow fhis appeal ia part aad reniit tlie niatter back to Uie Tribunal for decision afresh ia the Ught of the above obsen^atioias, Needless to mention fhat the parties shatl be atlowed to amend tlie pleadiags, adduce furtlier evidence, file docunients or get the docunients verified etc., aiid thercafter ,,^?TK^N /y^, '^ ,f / " 1 ;1? .....-.^:^-. 1 ^••::,^..^:'^A ^ tlie Tribiuial shall aiake fhe award afresh at the earHest. The parties shall appeaar before the Tribiiiial on. 20th October, 2011, The records of tlie Tribunal shall be sent back witliout further delay. 7. It is made clear that if aiiy Officer froni tlie RTO does not coine even after issuao.ee of suisinions to liiniy tlie court is duty bound to coinpel his attendance ia tiie iaterest ofjustice aad for coBipeUiag tlie attendance, steps should be taken by issuaace of bailable waiTaat of an'est aiid if he stlU does not tura up, then non-ballable wan'aiit of arrest should be issued to secure his presence. 8, In the result, the appeal is aUowed in part, No order as to cost. Sd/- LM.Quddusi Judge Sd/- G. Minhajuddin Judge Rao 1