SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1996 Supreme(Kar) 551

Karnataka High Court
UNITED INDIA INSURANCE COMPANY LIMITED,bangalore - Appellant
Versus
MAQBOOL AHMED - Respondent
Decided On : 09-20-96

Headnote:Motor Vehicles Act, 1988-Section 2(10)-Driving licence-Licences for driving heavy motor vehicle and light motor vehicle are different because it depends on the test of skill and responsibilities-as such court should this consideration by Court is necessary.

       

M. F. SALDANHA, J.

( 1 ) THESE two civil revision petitions have been directed by the insurance company against the claims that have been awarded by the tribunal in connection with an accident that took place on 13-6-1990. The compensation amounts that have been awarded are relatively modest in so far as they are Rs. 8,750/- in one case and Rs. 5,000/- in the second case. The insurance company has pointed out to this court that there were no details given of the driving licence possessed by the truck driver who had caused the accident and that the insurance company had undertaken an investigation into the matter. This investigation took some time and it has now been disclosed, after the lower court disposed of the proceeding, that the driver in question only had a l. m. v. licence that too, a learners' licence and that therefore, effectively, he is reduced to the position of a person who did not possess a valid driving licence for purposes of operating the heavy motor vehicle namely, the truck. The learned counsel who represents the insurance company points out that this would make a substantial difference in so far as the claim would have to be set aside vis-a-vis the insurance company and the liability, if any, would get transferred to the owner or driver, as the case may be. The submission is that the court should permit this additional evidence to be taken on record and should remand the matter to the lower court. The additional ground on which this application is made is that the lower court is in any case, dealing with the third matter which is yet to be disposed of and that therefore, all the three applications would be heard together.

( 2 ) THERE are certain overriding considerations which apply to judicial proceedings and one of them is the Rule of finality. It is true that exceptions are made with regard to serious cases where important evidence is permitted to be introduced at a later point of time, but one of the considerations which the court has to take into account is the status of the parties and the repercussions to the opposite parties if this procedure were to be permitted. It may be that there was no particular fault on the part of the insurance company and that they were handicapped because of the fact that the police authorities who should have taken note of the driving licence and the type of licence which the driver possessed, did not do this, but the fact still remains that the proceeding has finally concluded and it would be extremely harsh to the poor claimants to whom some small amount has been awarded because of the damage to their vehicles and the minor injuries, at this late point of time if the litigation were to be reopened. The court is required to take cognizance of these factors particularly where an application for reopening a finally concluded proceeding is made and more so, where an application for remand involving long term litigation is made. It is principally for this reason that I am not inclined to permit the introduction of any further evidence at this stage or to remand the matters. Under these circumstances, the orders of the tribunal are confirmed in these two cases.

( 3 ) THERE are certain other crucial aspects of the matter which require to be looked into, the first of them being that the insurance company should not be in any way handicapped before the tribunal in the third case which is required to be independently heard and disposed of. It is, therefore, clarified that this order is confined to these two proceedings and that the insurance company will not be precluded from producing whatever evidence it wants in the matter that is still pending decision.

( 4 ) IN the course of his submissions, respondent's learned Advocate drew my attention to a recent decision of this court in the case of united India insurance company limited v Smt. Lakshmamma and others. Dealing with the question of validity of a licence, a learned single judge of this court has taken the view that as long




Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top