IN THE HON'BLE HIGH COURT O F CHHATTISGARH AT BI LAS PU R Misc. Appeal (C) No. ^&D /2011 Ojvision Bendk APPLICANT 'Non-ApDlicant No.3 ) ^The Oriental Insurance Co. Ltd., T.P.Nagar, Korba, Through its -.rf-'Tt-J't Sr. Divisional Manager, ...-•r^j^ ~" —••—-•- ..-..-3-, Divisional Office, Geetanjali Bhawan, Korba (C.G.). Versus ».-^'%^ S^g? ^>p^&wi^.-"-"^ y<e^^:"A^ ^ •^.--^v , ^SPONDENTS Ashwani Kumar, S/o Naresh Kumar, aged about 14 years, Minor, represented through Grand father Nirmalram, S/o Setram, aged about 58 years, ^3^ Nirmalram, S/o Setram, aged about 58 years, 3< Jamunabai, W/o Nirmaldas, ^ aged about 56 years, Note: All the Respondents No.l to 3 are r/o Chhote Katekoni, Tahsil/P.S. Dabhra, Distt. Janjgir Champa (C.G.). Ajay Kumar, S/o Bhagwan Singh, At Gausala Road 1, Old Purulia Road, Kunwar Basti, Mango,Jamshedpur (Jugsalaee). .Owner <^- Sanjay Kumar, S/o Hardev Kumar, At Khakud Aurangabad, Bihar, Village Tudiya Bade Yudhist Anguri Makan Kirayadar M.4, Distt.- Puruliya (West Bengal). f^ - .Driver ;aa« ~B BW. gsa BSil ^^y •E sss^ ^^ •I II — •I ga :i!E» APPEALUNDER SECTION 173 OF THE MOTOR VEHIGLES ACT.198S: *^- AGAINST AWARD DATED ZZTQS^lU—^&ssEn—uu-^^-^- KIB •t« /-^' Resppndents Appellant Respondents HI6H COURT OF CHHATnSSARH AT BILASPUR DIVISION BENCH; HON'BLE MR. I.M.QUD&USI & HON'BLE MR.6.MINHAJUDMN. JJ ,.A. [C] No. 1050/2011 The Oriental Insurance Co. Ltd. Vs Ashwani Kumar and others M.A. [Cl No. 1051/2011 Vs The Orientat Insurance Co. Ltd. Dadoorain &others Present? Mr. Ratan Pusty, Adv. for the appellont in both the appeals. Mr. 1.5. Sahu, Adv. for respondent-claimants in both the appeals. ORDER (OraO :th @w December. 2011) Per I.M. Quddusi. J. 1. M.A. (C) No.1050/2011 arising of out of Ciaim Case No.30/09 and AA.A. (C) No.1051/11 arisin9 out of Ciaim Case No.28/09 are being disposed of by this common order as both these appeals arose out of the same accident. 2. Challenge in the above two appeals is to the impugned awards dated 22.6.2011 passed by the learned Additional Motor Accidents Claims Tribunal Sakti, District Jomjgir-Champa (fo'r short lthe Claims Tribunai') in Claim Cases No.30/09 & 28/09 thereby partly allowin9 claim applications of the claimants, awafding Rs.4,44,500/- & Rs.3,84,000/- respectively as compensation and fastening liability upon. the appellaint herein to satisfy the impugned awards. 3. Facts, in nutshell, are that on 4.4.2004 few persons were travelling in the truck bearing pegistration number BPM-6309 as iabourers and were going towards Maango Market 0'ata- Bihar) from the brick kiln of MunnaSingh situated in Viltage J^hhotabanki. White they were in between Vitlage bamkadih ond Simulda9a, the said truck overturned due to rash and negligent driving of its driver as a result of which three labourers ^' 2 • traveiling in the said truck died cmd several lab.ourers sustained grievous injuries. fteport of the accident was lodged in the Police Station Maango M6M (Bihar). The dependantsof deceased Naresh Kumar <& Kheekram, who died in the said accident, filed two separate claim applications under- Section 166 of the Motor Vehictes Act, 1988 (for short the Act, 1988') seeking compensation to the tune of fts.54,55,000/- <& 43,75,000/- respectively inter alia on the 0round that they were dependent on the deceased, who was the soie earning member in the family, and due to his death, they have suffered loss of income. 4. The Claims Tribunal considering thg material available on record allowed both the claim applications of the claimants in part, awarded compensation ond held the Insurance Company liable to pay the compensation. 5. Learned counsel for the appellant-Insurance Company would argue that despite filing an application under Order 11 Rule 12 of CPC, the owner and driver of offending vehicle have not produced the drivin9 iicence and in this situation, the Claims Tribunal should have drawn an inference that driver of offending vehicle was not having valid and effective driving licence and should have exonerated the Insurance Company. 6. We have heard learned counsel for the parties, perused the record of the Claims Tribunal as well as the impugned award. 7. Section 134 of the Act, 1988 cast a duty upon the driver to produce the particulars of his driving licence. However, perusal of the record of case reveals that in the present case driving licence has not been produced as the owner and driver of the offending vehicle did not turn up before the Claims Tribunal and therefore they have been proceeded ex-parte. In this circumstance, it is not possible fer the Insurcince Company to lead evidence of every RTO of the country to prove the fact that on the date of accident the driver was not'fiolding vatid and effective driving iicence. But, on account of non-disctosure of drivinglicence, the insuronce company cannot be blamed in not adducing evidence regarding validity of the driving licence ond it should have been presumed by the Claims Tribunal that the .<t' driver of vehicle ih question was not having valid and effective driving licence on the date of accident. There-fore, finding of the Claims Tribunal B ^ p ! B •-4-2^^/-iM »iW!S*>-.^SW^» ^.A~ on Issue No.3 in affirmative is liabie to be set aside and the appellant Insurance Company deserves to be exonerated from the liabilit/. 8. In the result, we allow these appeals and set aside the part of the impugned awards by which the appellant Insunance Company has been held liable to pay compensation and hold that the owner and driver of the vehicle in question are jointty ond severally liable'to poy compensation to the ctaimants. The amount, which has already been deposited by the appellont, shall be refunded to the oppellcint Insurance Company. In ca.se any amount deposited by the appellont-Insurance Company has been withdrawn by the claimants, it will be open for the appellant to recover the same from the owner & driver of the vehicle-in-question. The claimants are also free to execute the impugned award against the owner and driver of the vehicle-in-question. 9. No order as to costs. Sd/- I.M.Quddusi Judge Sd/- G. Minhajuddin Judge 1