The court established that valid fitness certificates are essential for determining liability in motor accident compensation cases.

JUDGMENT

1. The present appeals are listed in the orders category. However, with the consent of learned counsel for the parties, they are being heard and decided finally.

S.B. Civil Misc. Appeal No. 569/2021

2. The instant appeal preferred by appellant Ramesh Kumar who is owner of the vehicle is barred by limitation of 738 days. An application has been preferred for condonation of delay in filing the appeal.

3. The application preferred under section 5 of the Limitation Act is not opposed by the counsel for the respondents.

4. For the reasons mentioned in the application, the same is allowed. The delay of 738 days in filing the appeal is condoned.

5. The present appeal has been filed against the judgment and award dated 05.03.2019 passed by Motor Accident Claims Tribunal, Sirohi in Motor Accident Claim Case No.40/2015 (Manju Devi V/s Rewaram & Ors.) whereby the claim petition filed by the respondent No.l-claimant was partly allowed and liability to make the payment of compensation was fastened upon the appellant.

6. The claim petition was filed by the respondent No.l-claimant Manju Devi on account of the grievous and simple injuries sustained by her in the accident which occurred on 23.05.2014. The Tribunal after framing the issues, evaluating the evidence brought on record and hearing learned counsel for the parties partly allowed the claim petition filed by the respondent No.l-claimant vide its judgment and award dated 05.03.2019.

7. Heard learned counsel for the parties and perused the material available on record.

8. Learned counsel for appellant Ramesh Kumar submits that the Tribunal vide its judgment and award dated 05.03.2019 has given a direction for payment of compensation amount to the respondent No.l-claimant and recover the same from the owner of the vehicle involved in the present case. It is stated that the ground on which the Tribunal has given this direction is that valid fitness certificate of the vehicle involved in the accident i.e. Auto Rickshaw was not produced before the Tribunal and therefore, the Insurance Company was not liable to pay the compensation amount. Learned counsel submits that by way of filing an application under order 41 Rule 27 CPC before this court, the fitness verification certificate of the vehicle involved in the accident has been produced before this court as Annex.A/1.

9. Per contra, learned counsel for the Insurance Company submits that on the direction being given by this court to get the fitness certificate verified from the competent authority, the same was got verified and found to be valid at the time of the accident, therefore, the finding of the Tribunal is not correct on the issue No.3.

10. Having heard the counsel for the parties and gone through the judgment dated 05.03.2019, this court is of the view that the direction of the Tribunal to pay the compensation and recover the same from the owner of the Auto Rickshaw and its driver is unsustainable, therefore, the same is liable to be set aside.

11. Accordingly, the appeal is allowed. The direction of the Tribunal vide judgment dated 05.03.2019 passed by Motor Accident Claims Tribunal, Sirohi in Claim Case No.40/2015 to recover the amount of compensation from the driver and owner of the offending vehicle is set aside. It is directed that the respondent insurance company will be liable to satisfy the compensation in the present case.

S.B. Civil Misc. Appeal No. 1991/2019

12. The defects pointed out by the office are overruled.

13. The present appeal has been filed against the judgment and award dated 05.03.2019 passed by Motor Accident Claims Tribunal, Sirohi in Motor Accident Claim Case No.40/2015 (Manju Devi V/s Rewaram & Ors.) whereby the Tribunal awarded an amount of Rs.3,11,450/- as compensation in favour of the appellant-claimant.

14. The claim petition was filed by the appellant-claimant on account of the grievous and simple injuries sustained by her in the accident which occurred on 23.05.2014. The Tribunal after framing the issues,